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the 



CONSTITUTION 

OF THE 

STATE OF ARKANSAS. 

v 

Framed and Adopted by the Convention which Assembled at Little 
Eock, January 7th, 1868, and Eatified by the Eegistered 
Electors of the State, at the Election begin- 
ning March 13th, 1868. 

WITH 

MARGINAL NOTES, 
A Full Documentary History of the Constitution, 

And a Copious Index. 

TO WHICH IS PREFIXED 

THE CONSTITUTION OF THE UNITED STATES, 

WITH AN INDEX THERETO. 

By JAMES M. POMEROY, 

OF THE BAR OF PULASKI CO. 



v< 



|5tj §nutftonitj 




s LITTLE ROCK. 

1870. 



j 






I, John G. Price, Secretary of the Constitutional Convention of the State 
of Arkansas, do hereby certify that the annexed is a correct copy of the Con- 
stitution framed and adopted by the said Convention, on the eleventh day of 
February, in the year of our Lord one thousand eight hundred and sixty- 
eight. 

Jit Sffittt£$$ iUpW0i I hereunto set my name as Secretary 
of the Convention, on this twenty-eighth day of February, 
eighteen hundred and sixty-eight, 

JOHN G. PRICE, 

Secretary of the Convention, 



Entered, according to Act of Congress, in the year 1868, by J. M. POMEROY, in the 
Clerk's Office of the District Court of the United States, in and for the District of 
Maryland. 



Entered, according to Act of Congress, in the year 1869, by J. M. Pomeroy, in the 
Clerk's Office of the District Court of the United States, in and for the Eastern 
District of Arkansas. 



PREFACE 



This edition of the Constitution of Arkansas has been prepared with the 
utmost care, in respect of correctness of the text, excellence of typography, and 
completeness and accuracy in the marginal notes supplied. 

No liberties whatever have been taken with the text of the original, now on 
file in the office of the Secretary of State ; the punctuation, orthography, etc., 
having, as is usual and proper in the publication of such instruments, been 
implicitly followed, so as to present a copy exact in every particular. Some 
clerical errors occur in the engrossed document. In a few such instances, a 
superfluous letter has been enclosed in brackets, an omission, or other acci- 
dental error of orthography, corrected in parenthesis, by the Editor. 

The convenience, for purposes of reference, of a copy of the Constitution 
of the United States, included in the same volume with that of the State, will 
be evident. The Index to the Constitution of the United States, given in 
" Barclay's Manual," has been added. 

The collection, which succeeds, of all the important documents illustrating 
the history of the new Constitution of Arkansas, will, it is hoped, be of value 
as a convenient repertory of materials for this important portion of the annals 
of the State, and as a manual of reference for the purposes of the statesman 
and' politician. It includes the various Reconstruction Acts of Congress, and 
all the General Orders, Proclamations, and other public papers, pertaining to 
the election and assembly of the Constitutional Convention, and the adoption 
by the Convention, and ratification by the people, of the Constitution ; so 
arranged as to present a complete documentary history of the reconstruction of 
the State, from the enactment of the first Reconstruction Law, down to the 
final passage of the Act recognizing the State under its new Constitution, and 
admitting it to representation in the National Legislature. 

That the greatest facility of reference might be afforded, an Index to the 
Constitution has been prepared, so full as to approach the character of a con- 
cordance ; every important word being noted, and the same matter indexed 
under several heads. Upon some of the more important subjects (as, for 
example, under the head of " General Assembly "), it is believed the Index 
will to some extent serve the purpose of a digest. 

(in) 



CONTENTS OF THE VOLUME. 



Certificate of Secretary of Constitutional Convention to copy of Consti- 
tution, ii 

Preface, ............ iii 

Table of Contents of the Volume, ....... v 

Constitution of the United States, ...... ix 

Index to Constitution of the United States, ...... xxv 

Documents, etc., Illustrating the History of the Constitution 

of Arkansas. 

List of Members of the Ark. Constitutional Convention of 1868, . . xxxvii 
List of Officers of the Convention, ....... xxxix 

List of Standing Committees of the Convention, ..... xxxix 

Reconstruction Act of Congress (Original), of March 2d, 1867, . . xliii 
Supplementary Reconstruction Act, of March 23d, 1867, . . . xlv 
Supplementary Reconstruction Act, of July 19th, 1867, . . . xlvii 
Amendatory Reconstruction Act, of February 27th, 1868, ... 1 

General Orders No. 31, from Headquarters Fourth Military District, 
September 26th, 1867 (providing for election on question of holding 
a convention to frame a Constitution for the State, and for delegates 

to the same), Ii 

Circular No. 18, from Headquarters Fourth Military District, October 
2d, 1867 (prescribing modifications of method of conducting elec- 
tion in certain precincts), . . . . . . . . liv 

General Orders No. 37, from Headquarters Fourth Military District, De- 
cember 5th, 1867 (declaring result of election on question of holding 
convention, and designating time and place of its assembly), . . lv 

General Orders No. 43, from Headquarters Fourth Military District, 
December 21st, 1867 (publishing consolidated returns of election, 
and declaring election of the delegates), ..... Ivi 

Note respecting elections in Calhoun, Lafayette, Ouachita, and Ashley 

Counties, ........... lvii 

Organization of Constitutional Convention, ...... lvii 

Proclamation of the President of the Convention, announcing adoption 
of Constitution, and giving notice of election, to be held under super- 
vision of General commanding Fourth Mil. Dist., for ratification, . lviii 

(v) 



vi CONTENTS OF THE VOLUME. 

PAGE 

Notice, by Board of Commissioners of Election, of election, under pro- 
visions of the Schedule to the Constitution, for ratification, . . lix 

General Orders No. 4, from Headquarters Sub-District of Arkansas, 
February 14th, 1868 (providing for election for ratification, and for 
the revision of registration), lix 

General Orders No. 7, from Headquarters Fourth Military District, 
February 14th, 1868 (announcing adoption of Constitution, provid- 
ing for election for ratification and revision of registration), . . Ix 

Proclamation of Commissioners of Election, announcing ratification of 

Constitution, at election under provisions of Schedule, . . . Ixiii 

Letter of transmittal, from the President of the Convention, to the 
President of the United States, forwarding (in accordance with 
provisions of Acts of Congress, and of the Constitution of Arkansas, 
copy of the Constitution of the State of Arkansas, together with 
Abstract of votes cast at election held, under provisions of the 
Schedule, for ratification of the Constitution, .... Ixiii 

Proceedings of the General Assembly of the State of Arkansas, upon 
the ratification of the Fourteenth Article of Amendment to the 
Constitution of the United States, . . . . . . lxiv 

Letter from the General of the Army, in answer to resolution of House 
of Representatives, U. S., transmitting Report of Bvt. Maj. Gen. 
Alvan C. Gillem, comm'd'g Fourth Military District, on election 
for ratification of the Constitution, ...... lxviii 

Act of Congress, admitting the State of Arkansas to representation, . lxxii 

Veto Message of the President of the United States, on the Bill admit- 
ting Arkansas to representation in Congress, . . . . lxxiii 

Note. — Passage of Act of Admission, over the President's Veto, . . Ixxv 

Syllabus to Constitution of Arkansas, ....... lxxix 

CONSTITUTION OF ARKANSAS, ...... Ixxxiii 

Index to Constitution of Arkansas, ...... cxxxvii 



Constitution of the United States. 



CONSTITUTION 



OF 



THE UNITED STATES. 



ARTICLE I. 

OF THE LEGISLATIVE POWER. 

Section 

1. Of the legislative power. 

2. Of the House of Representatives. — Qualifica- 

tions of the members. — Apportionment ot 
Representatives and direct taxes. — Census. 
— Number of Representatives. — Vacancies. 
— Officers of House of Representatives. — 
Power of impeachment. 

3. Of the Senate.— Classification of Senators. — 

Vacancies. — Qualifications of Senators. — Of 
the Vice-President. — Of the officers of the 
Senate. — Trial of impeachments. — Judgment 
in cases of impeachment. 

4. Manner of electing members of Congress. — Of 

the meeting of Congress. 

5. Powers of each House. — Expulsion. — Journal 

and yeas and nays. — Of adjournments. 

6. Compensation. — Privileges. — Exclusion from of- 

fice. 

7. Revenue bills. — Manner of passing bills. — Or- 

ders, resolutions, and votes. 

8. General powers of Congress. — Levy of taxes. 

etc. — Duties to be uniform. — Borrowing 
money.— Regulation of commerce. — Natural- 
ization. — Bankrupt laws.— Coinage of money. 
— Weights and measures. — Punishment of 
counterfeiting. — Post-offices and roads. — 
Copyrights and patents. — Inferior courts. — 
Punishment of piracies, etc. — Declaring war, 
etc. — Raising and supporting armies. — Navy. 
— Regulations of army and navy. — Calling 
out the militia. — Organization and govern- 
ment of the militia. — Exclusive legislation 
over seat of government. — And over forts, 
arsenals, dock-yards, etc. — General laws for 
carrying into effect powers of the Govern- 
ment. 

9. Limitations of powers of Congress.— Importa- 

tion of slaves allowed till 1808.— Habeas 
corpus. — Attainder, and ex post facto laws. 
— Direct taxes. — Exportation duty. — Com- 
merce between the States. — Expenditures of 
public money. — Titles of nobility. — Foreign 
presents, titles, etc. 
10. Powers denied to the States. 

2 



ARTICLE II. 

OF THE EXECUTIVE TOWER. 

S.ECTION 

1. President of the United States.— Electors of 

President, how appointed.— [Mode of elec- 
tion of President. (Altered.)]— Time of 
choosing Electors, and President.— Qualifi- 
cations of President.— In case of the re- 
moval, etc., of the President, his powers 
devolve on Vice-President.— President's com- 
pensation. — His oath. 

2. Powers and duties of the President.— Of mak- 

ing treaties.— Power of appointment.— Va- 
cancies in office. 

3. Further powers and duties of the President. 

4. Impeachment. 

ARTICLE III. 

OF THE JUDICIAL POWER. 

1. Of the judicial power.— Tenure and compensa- 

tion of judges. 

2. Jurisdiction.— Jurisdiction, of Supreme Court. 

—Of trial for crimes. 

3. Of treason. 

ARTICLE IV. 

MISCELLANEOUS PROVISIONS. 

1. Of State records. 

2. Privileges of citizenship.— Of fugitives from 

justice— Of fugitives from labor. 

3. Of new States.— Of the territory and other 

property of the United States. 

4. Republican form of government guaranteed 

to the several States.— Protection of the 



ARTICLE V. 

Amendments to the Constitution. 

ARTICLE VI. 

Of the debts of the Confederation.— Of the supreme 
law of the land.— Of the Constitutional oath. 
—Religious tests prohibited. 

ARTICLE VII. 
Ratification. 



CONSTITUTION OF THE UNITED STATES. [Art. 1 



AMENDMENTS. 

Article 

I. Rights of conscience; speech; press; petition. 
IT. Of the right to bear arms. 

III. Of quartering troops. 

IV. Of the right of search; of seizure; and gen- 

eral warrants. 
V. Securities for life, liberty, and property. 
VI. Of trial in criminal cases, and the rights of a 
defendant. 
VII. Of trials in civil cases. 
VIII. Of bail, fines, and punishments. 
IX. Of rights reserved. 

X. Of powers reserved to the States or people. 
XI. Limitation of the judicial power. 



Article 
XII. Manner of electing the President and Vice- 
President. 

XIII. § 1. Slavery and involuntary servitude, ex- 

cept for crime, prohibited. 
§ 2. Power of Congress to enforce this Article. 

XIV. § 1. Who citizens.— No State to abridge privi- 

leges or immunities of citizens. — Equal 
protection of the laws. 

§ 2. Apportionment of Representatives. 

§ 3. Disabilities incurred by reason of par- 
ticipation in rebellion. 

§ 4. Validity of the public debt.- Of debts 
incurred in aid of rebellion, and claims for 
loss of slaves. 

§ 5. Power of Congress to enforce this Article. 



Preamble. 



We, the people of the United States, in order to form a more per- 
fect union, establish justice, insure domestic tranquility, provide for 
the common defence, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 



Of the 
power. 



Of the House of 
Representatives. 



Qualifications 
the members. 



ARTICLE I. 

legislative Section One. All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

Section Two. The House of Representatives shall be composed 
of members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
legislature. 

No person shall be a Representative who shall not have attained 



of 



Apportionment 
Representatives 
and direct taxes. 



Census. 



the age of twenty-five years, and been seven years a citizen of 
the United States, and who shall not, when elected, be an inhabi- 
tant of that State in which he shall be chosen. 
of Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, ac- 
cording to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one Representative; 
Number of itepre- and until such enumeration shall be made, the State of New Hamp- 
shire shall be entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut five, New York 
six, New Jersey four, Pennsylvania eight, Delaivare one-, Maryland 



sentatives. 



Art. L] CONSTITUTION OF THE UNITED STATES. 3 

six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

When vacancies happen in the representation from any State, vacancies, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

The House of Representatives shall choose their Speaker and officers of House 

1 l ot Representatives. 

other officers ; and shall have the sole power of impeachment. m °^r of impeach- 

Section Three. The Senate of the United States shall be com- of the senate. 
posed of two Senators from each State, chosen by the legislature 
thereof, for six years ; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the Classification of 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be va- 
cated at the expiration of the second year; of the second class, 
at the expiration of the fourth year, and of the third class, at the 
expiration of the sixth year, so that one-third may be chosen 
every second year ; and if vacancies happen by resignation or vacancies. 
otherwise, during the recess of the legislature of any State, the 
executive thereof may make temporary appointments until the 
next meeting of the legislature, which shall then fill such va- 
cancies. 

No person shall be a Senator, who shall not have attained to Qualifications of 

i /• i ■ li • •• o i Senators. 

the age of thirty years, and been nine years a citizen ot the 
United States, and who shall not, when elected, be an inhabitant 
of that State for which he shall be chosen. 

The Vice President of the United States shall be President of of the vice-Presi- 
the Senate, but shall have no vote, unless they be equally divided. 

The Senate' shall choose their other officers, and also a President Of the officers of 
pro tempore in the absence of the Vice President, or when he shall 
exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. Trial of impeach- 

ments. 

When sitting for that purpose, they shall be on oath or affirma- 
tion. When the President of the United States is tried, the Chief 
Justice shall preside : and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further Judgment in cases 

ir» r*-» ii t • ill i» of impeachment. 

than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States : but 
the party convicted shall nevertheless be liable and subject to in- 
dictment, trial, judgment and punishment, according to law. 

Section Four. The times, places and manner of holding elec- Manner of electing 
tions for Senators and Representatives, shall be prescribed in each gress. 
State by the legislature thereof; but the Congress may at any 
time by law make or alter such regulations, except as to the 
places of choosing Senators. 

The Congress shall assemble at least once in every year, and of the meeting of 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 



CONSTITUTION OF THE UNITED STATES. 



[Art. 1 



Powers of each 
House. 



Expulsion. 



Journal, and yeas 
and nays. 



Of adjournments. 



Compensation. 



Privileges. 



Exclusion from 
office. 



Revenue bills. 



Manner of passing 
bills. 



Section Five. Each house shall be the judge of the elections, 
returns and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be authorized to 
compel the attendance of absent members, in such manner, and 
under such penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and with the concurrence of 
two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Section Six. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, and paid 
out of the Treasury of the United States. They shall in all cases, 
except treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same ; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu- 
ments whereof shall have been increased during such time ; and 
no person holding any office under the United States, shall be a 
member of either house during his continuance in office. 

Section Seven. All bills for raising revenue shall originate in 
the House of Representatives ; but the Senate may propose or 
concur with amendments as on other bills. 

Every bill which shall have passed the House of Representa- 
tives and the Senate, shall, before it become a law, be presented 
to the President of the United States ; if he approve he shall sign 
it, but if not he shall return it, with his objections to that house 
in which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If after such 
reconsideration two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But in all 
cases the votes of both houses shall be determined by yeas and 
nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectively. If any 
bill shall not be returned by the President within ten days (Sun- 



Art. 1.] CONSTITUTION OF THE UNITED STATES. 5 

days excepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, unless the 
Congress by their adjournment prevent its return, in which case 
it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the and C ™tes SOluti ° n8 ' 
Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States ; and before the same shall take effect, shall 
be approved by him, or being disapproved by him, shall be re- 
passed by two-thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of 
a bill. 

Section Eight. The Congress shall have power to lay and collect General powers of 

° 1 J # Congress. 

taxes, duties, imposts and excises, to pay the debts and provide Levy of taxes, etc. 
for the common defence and general welfare of the United States ; 
but all duties, imposts and excises shall be uniform throughout the Duties to be uni- 
United States ; 

To borrow money on the credit of the United States ; Borrowing money. 

To regulate commerce with foreign nations, and among the Regulation of com- 

° # m merce. 

several States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and uniform Naturalization. 
laws on the subject of bankruptcies throughout the United Bankrupt laws. 
States ; 

To coin money, regulate the value thereof, and of foreign coin, coinage of money. 

and fix the standard of weights and measures ; weights and meas- 

es ' ures. 

To provide for the punishment of counterfeiting the securities ^"^^1^ of 
and current coin of the United States ; 

To establish post offices and post roads ; fo°a S ds° ffices and 

To promote the progress of science and useful arts, by securing c ° t p e 3 n \ r s ights and 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries ; 

To constitute tribunals inferior to the Supreme Court ; inferior courts. 

To define and punish piracies and felonies committed on the P» ni ? h ment of 

r i piracies, etc. 

high seas, and offences against the law of nations ; 

To declare war, grant letters of marque and reprisal, and make Declaring war, etc. 
rules concerning captures on land and water ; 

To raise and support armies, but no appropriation of monev to Rais . in s an <* su p- 

11 ill u porting armies. 

that use shall be for a longer term than two years ; 

To provide and maintain a navy ; Nav y- 

To make rules for the government and regulation of the land Regulations of 

° ° army and navy . 

and naval forces ; 

To provide for calling forth the militia to execute the laws of calling out the 

i tt ■ • • • • militia. 

the Union, suppress insurrections and repel invasions; 

To provide for organizing, arming, and disciplining, the militia, Organization and 

r fo to ' & ' r &' ' government of the 

and for governing such part of them as may be employed in the mffltia. 
service of the United States, reserving to the States respectively, 
the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress ; 



6 CONSTITUTION OF THE UNITED STATES. [Art. 1. 

S? u £? J 6 * 8 ? 1 *; To exercise exclusive legislation in all cases whatsoever, over 

tion over seat of J=> " 

government; such district (not exceeding ten miles square) as may, by cession 
of particular States, and the acceptance of Congress, become the 
arsenals™ 1 " dock- seat °^ tne government of the United States, and to exercise like 
yards, etc. authority over all places purchased by the consent of the legisla- 

ture of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other needful build- 
ings ; — and 
Sr^in intTeffect ^o make all laws which shall be necessary and proper for carry- 
powers of the Gov- m g m t execution the foregoing powers, and all other powers 

eminent. « o c i 7 r 

vested by this Constitution in the Government of the United 
States, or in any department or officer thereof. 
Limitations of Section Nine. The migration or importation of such persons 

powers of Con- ° m . _ *■ . L m 

gress. — importa- a s any of the States now existing shall think proper to admit, 

tion of slaves al- . .. J . i ., • i i i ^ i 

lowed till 1808. shall not be prohibited by the Congress prior to the year one 
thousand eight hundred and eight, but a tax or duty may be 
imposed on such importation, not exceeding ten dollars for each 
person. 

Habeas corpus. The privilege of the writ of habeas corpus shall not be sus- 

pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

Attainder, and ex No bill of attainder or ex post facto law shall be passed. 

post facto laws. . it n • i 

Direct taxes. JNo capitation, or other direct tax shall be laid, unless m pro- 

portion to the census or enumeration hereinbefore directed to be 
taken. 

Exportation duty. No tax or duty shall be laid on articles exported from any 
State. 

commerce between No preference shall be given by any regulation of commerce or 

the States. l . /. n i /. i t n 

revenue to the ports ot one btate over those of another : nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or 
pay duties in another. 
Expenditures of No money shall be drawn from the treasury, but in consequence 

public money. . . ^ x 

ot appropriations made by law ; and a regular statement and ac- 
count of the receipts and expenditures of all public money shall 
be published from time to time. 
Titles of nobmty. No title of nobility shall be granted by the United States: and 
Foreign presents, no person holding any office of profit or trust under them, shall, 
without the consent of the Congress, accept of any present, emol- 
ument, office, or title, of any kind whatever, from any king, prince, 
or foreign State. 
Powers denied to Section Ten. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin money ; 
emit bills of credit ; make anything but gold and silver coin a 
tender in payment of debts ; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be ab- 



Art. 2.] CONSTITUTION OF THE UNITED STATES. 

solutely necessary for executing its inspection laws : and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the Treasury of the United States ; 
and all such laws shall be subject to the revision and control of the 
Congress. 

No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a 
foreign power, or engage in war, unless actually invaded, or in 
such imminent danger as will not admit of delay. 



ARTICLE II. 

Section One. The executive power shall be vested in a Presi- President of the 
dent of the United States of America. He shall hold his office 
during the term of four years, and together with the Vice Presi- 
dent, chosen for the same term, be elected as follows : 

Each State shall appoint, in such manner as the legislature Electors of Presi- 

i»i lii dent > how a ^" 

thereof may direct, a number of electors, equal to the whole pointed. 

number of Senators and Representatives to which the State may 

be entitled in the Congress : but no Senator or Representative, or 

person holding an office of trust or profit under the United States, 

shall be appointed an elector. 

l~The electors shall meet in their respective States, and vote by [Mode of election 

l .of President. Al- 

ballot for two persons, of whom one at least shall not be an inhab- tered— seeimend- 
itant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each ; which list they shall sign and certify, and transmit sealed 
to the seat of the government of the United States, directed to 
the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. The 
person having the greatest number of votes, shall be the Presi- 
dent, if such number be a majority of the whole number of elect- 
ors appointed ; and if there be more than one who have such ma- 
jority, and have an equal number of votes, then the House of 
Representatives shall immediately choose by ballot one of them 
for President ; and if no person have a majority, then from the 
five highest on the list, the said House shall in like manner choose 
the President. But in choosing the President, the votes shall be 
taken by States, the representation from each State having one 
vote ; a quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority of all the 
States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number 
of votes of the electors, shall be the Vice President. But if there 



8 CONSTITUTION OF THE UNITED STATES. [Art. 2. 

should remain two or more who have equal votes, the Senate shall 
choose from them by ballot the Vice President.] 

ESor°s f aad presS ^he Congress may determine the time of choosing the electors, 

dent - and the day on which they shall give their votes ; which day shall 

be the same throughout the United States. 

Qualifications of No person except a natural-born citizen, or a citizen of the 
United States, at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any per- 
son be eligible to that office, who shall not have attained to the 
age of thirty-five years, and been fourteen years a resident within 
the United States. 

in case of the re- In case of the removal of the President from office, or of his 

moval, etc., of the .. . . . , .,. i> i i i i • 

President, his pow- death, resignation, or inability to discharge the powers and duties 

President. of the said office, the same shall devolve on the Vice President, 

and the Congress may by law provide for the case of removal, 
death, resignation, or inability, both of the President and Vice 
President, declaring what officer shall then act as President, and 
such officer shall act accordingly, until the disability be removed, 
or a President shall be elected. 

President's com- The President shall, at stated times, receive for his services, a 

pensation. compensation, which shall neither be increased nor diminished 

during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the 
United States, or any of them. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation ^ — 

His oath. "I do solemnly swear (or affirm) that I will faithfully execute 

the office of President of the United States, and will to the best 
of my ability, preserve, protect and defend the Constitution of 
the United States." 

Powers and duties Section Two. The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia of the 
several States, when called into the actual service of the United 
States ; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject re- 
lating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences against the 
United States, except in cases of impeachment. 

of making treaties. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators 
Power of appoint- present concur;, and he shall nominate, and by and with the ad- 
vice and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the Supreme Court, and all 
other officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be established by 
law ; but the Congress may by law vest the appointment of such 
inferior officers, as they think proper, in the President alone, in 
the courts of law, or in the heads of departments. 



Art. 3.] CONSTITUTION OF THE UNITED STATES. 9 

The President shall have power to fill up all vacancies that may Vacancies iQ offlte - 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Section Three. He shall from time to time give to the Congress- Fu *"? e * powers 

fc> o _ and duties. 

information of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary and expe- 
dient ; he. may, on extraordinary occasions, convene both houses, 
or either of them, and in case of disagreement between them, 
with respect to the time of adjournment, he may adjourn them to 
such time as he shall think proper ; he shall receive ambassadors 
and other public ministers ; he shall take care that the laws be 
faithfully executed, and shall commission all the officers of the 
United States. 

Section Four. The President, Vice President and all civil offi- impeachment. 
cers of the United States, shall be removed from office on impeach- 
ment for, and coimction of treason, bribery, or other high crimes 
and misdemeanors. 



ARTICLE III. 

Section One. The judicial power of the United States, shall be of^the judicial 
vested in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The judges, p| n " a r t e i0 * nd co J 
both of the supreme and inferior courts, shall hold their offices Judges. 
during good behaviour, and shall, at stated times, receive for their 
services, a compensation, which shall not be diminished during 
their continuance in office. 

Section Two. The judicial power shall extend to all cases, in Jurisdiction. 
law and equity, arising under this Constitution, the laws of the 
United States, and treaties made, or which shall be made, under 
their authority ; — to all cases affecting ambassadors, other public 
ministers, and consuls ; — to all cases of admiralty and maritime 
jurisdiction ; — to controversies to which the United States shall 
be a party ; — to controversies between two or more States ; — be- 
tween a State and citizens of another State ; — between citizens of 
different States, — between citizens of the same State claiming lands 
under grants of different States [,and between a State, or the citi- [This dausejauer- 
zens thereof, and foreign States, citizens or subjects]. ments, Art. xi.i 

In all cases affecting ambassadors, other public ministers and p^cour't^ Su " 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases be- 
fore mentioned, the Supreme Court shall have appellate jurisdic- 
tion, both as to law and fact, with such exceptions, and under such 
regulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be Of trial for crimes. 
by jury ; and such trial shall be held in the State where the said 
crimes shall have been committed ; but when not committed within 

3 



10 CONSTITUTION OF THE UNITED STATES. [Art. 4. 

any State, the trial shall be at such place or places as the Congress 
may by law have directed. 
Of treason. Section Three. Treason against the United States, shall con- 

sist only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be con- 
victed of treason unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture except during the life of the person attainted. 



ARTICLE IV. 

of state records. Section One. Full faith and credit shall be given in each State 
to the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the man- 
ner in which such acts, records and proceedings shall be proved, 
and the effect thereof. 

Privileges of citi- Section Two. The citizens of each State shall be entitled to all 

zenship. 

privileges and immunities of citizens in the several States. 
^ustice gitives fr ° m ^ P erson charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

of fugitives from No person held to service or labor in one State, under the laws 

labor ' p • • 

thereof, escaping into another, shall, in consequence of any law or 

regulation therein, be discharged from such service or labor, but 

shall be delivered up on claim of the party to whom such service 

or labor may be due. 

of new states. Section Three. New States may be admitted by the Congress 

into this Union ; but no new State shall be formed or erected 
within the jurisdiction of any other State ; nor any State be 
formed by the junction of two or more States, or part of States, 
without the consent of the legislatures of the States concerned as 
well as of the Congress. 

of the territory The Congress shall have power to dispose of and make all 

and other proper- ° m L x 

ty of the united needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular State. 

Republican form Section Four. The United States shall guaranty to every State 

of government # ° * >> 

guaranteed to the [ n this Union a republican form of government, and shall protect 

several States. V. , . F . 

protection of the each of them against invasion, and on application of the legisla- 
ture, or of the executive, (when the legislature cannot be con- 
vened,) against domestic violence. 



Art. 5,6, 7.] CONSTITUTION OF THE UNITED STATES. 11 



ARTICLE V. 

The Congress, whenever two-thirds of both houses shall deem Amendments to the 

, t /^i Constitution. 

it necessary, shall propose amendments to this Constitution, or, 
on the application of the legislatures of two-thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and purposes, as part of 
this Constitution, when ratified by the legislatures of three-fourths 
of the several States, or by conventions in three-fourths thereof, 
as the one or the other mode of ratification may be proposed by 
the Congress ; provided that no amendment which may be made 
prior to the year one thousand eight hundred and eight, shall in 
any manner affect the first and fourth clauses in the ninth section 
of the first article ; and that no State, without its consent, shall 
be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into, before the of the debts of the 

< 1 & & t ' t Confederation. 

adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the confederation. 

This constitution, and the laws of the United States which Of the supreme 

i n in • i i-i law °f fc be land. 

shall be made in pursuance thereof; and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land ; and the judges in every State shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the of the constitu- 

. tional oath. 

members of the several State legislatures, and all executive and 
judicial ' officers, both of the United States and of the several 
States, shall be bound by oath or affirmation, to support this Con- 
stitution ; but no religious test shall ever be required as a qualifi- Religious tests pro- 

. . hibited. 

cation to any office or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States, shall be suffi- Ratification - 
cient for the establishment of this Constitution between the States 
so ratifying the same. 

Done in Convention by the unanimous consent of the States present the 
seventeenth day of September in the year of our Lord one thousand 
seven hundred and eighty-seven and of the Independence of the 
United States of America the twelfth. In witness whereof we 
have hereunto subscribed our names. 

GEO WASHINGTON— 

Presid't and deputy from Virginia. 



12 



CONSTITUTION OF THE UNITED STATES. [Amendments. 



New Hampshire. 
John Langdon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
Kufus King. 

Connecticut. 
Wm. Saml. Johnson, 
Roger Sherman. 

New York. 
Alexander Hamilton. 
New Jersey. 
Wil : Livingston, 
David Brearley, 
Wm. Paterson, 
Jona. Dayton. 

Pennsylvan ia. 
B. Franklin, 
Thomas Mifflin, 
Robt. Morris, 
Geo : Clymer, 
Tho : Fitzsimons, 
Jared Ingersoll, 
James Wilson, 
Gouv : Morris. 

Attest : 



Delaware. 
Geo : Read, 

Gunning Bedford, jun'r, 
John Dickinson, 
Richard Bassett, 
Jaco : Broom. 

Maryland. 
James McHenry, 
Dan : of St. Thos : Jenifer, 
Danl. Carroll. 

Virginia. 
John Blair, 
James Madison, jr. 

North Carolina. 
Wm. Blount, 
Rich'd Dobbs Spaight, 
Hu. Williamson. 

South Carolina. 
j. rutledge, 

Charles Coatesworth Pinckney, 
Charles Pinckney, 
Pierce Butler. 

Georgia. 
William Few, 
Abr. Baldwin. 

WILLIAM JACKSON, 

Secretary. 



[The conventions of a number of the States having, at the time 
of their adopting the Constitution, expressed a desire, in order 
to prevent misconstruction or abuse of its powers, that further 
declaratory and restrictive clauses should be added, Congress, 
at the session begun and held at the City of New York, on 
Wednesday, the 4th of March, 1789, proposed to the Legisla- 
tures of the several States twelve amendments, ten of which, 
only, were adopted. They are the ten first following :] 

AMENDMENTS TO THE CONSTITUTION. 



Rights of con- 
science ; speech ; 
press ; petition. 



ARTICLE I. 

First Session, First Congress, March 4th, 1789. 

Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech, or of the press ; or the right of the people 
peaceably to assemble, and to petition the government for a redress 
of grievances. 



Amendments.] CONSTITUTION OF THE UNITED STATES. 13 



ARTICLE II. 

A well regulated militia, being; necessary to the security of a Of the right to bear 

& J J arms. 

free State, the right of the people to keep and bear arms, shall not 
be infringed. 

ARTICLE III. 

No soldier shall, in time of peace be quartered in any house, of quartering 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, of the right of 

t /« . , , i i • search ; of seizure ; 

papers, and enects, against unreasonable searches and seizures, and general war- 
shall not be violated, and no warrants shall issue, but upon prob- 
able cause, supported by oath or affirmation, and particularly de- 
scribing the place to be searched, and the persons or things to be 
seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise Securities for life, 

. , . ,'. • Q , liberty, and prop- 

miamous crime, unless on a presentment or indictment or a grand erty. 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger ; 
nor shall any person be subject for the same offence to be twice 
put in jeopardy of life or limb ; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall 
private property be taken for public use, without just compen- 
sation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to Of trial iu criminal 
a speedy and public trial, by an impartial jury of the State and rights of a defend- 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be in- 
formed of the nature and cause of the accusation ; to be confronted 
with the witnesses against him ; to have compulsory process for 
obtaining witnesses in his favor, and to have the assistance of coun- 
sel for his defence. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall Of trials in civil 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
court of the United States, than according to the rules of the com- 
mon law. 



14 CONSTITUTION OF THE UNITED STATES. [Amendments. 



ARTICLE VIII. 

punS^nts 8 ' and Excessive ball shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

Of rights reserved. The enumeration in the Constitution, of certain rights, shall not 
be construed to deny or disparage others retained by the people. 

ARTICLE X. 

of powers reserved The powers not delegated to the United States by the Constitu- 
te the States or # • # > ^ # J 

people, tion, nor prohibited by it to the States, are reserved to the States 

respectively, or to the people. 

ARTICLE XL 

Third Congress, Second Session, December 2d, 1793. 
Limitation of the The judicial power of the United States shall not be construed 

judicial power. J r 

to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign State. 

ARTICLE XII. 

Eighth Congress, First Session, October 17th, 1803. 
Manner of electing The electors shall meet in their respective States, and vote by 

the President and l J 

vice President. ballot for President and Vice President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves ; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice President, 
and they shall make distinct lists of all persons voted for as Pres- 
ident, and of all persons voted for as Vice President, and of the 
number of votes for each ; which lists they shall sign and certify, 
and transmit sealed to the seat of the government of the United 
States, directed to the President of the Senate ; — The President 
of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates and the votes shall then 
be counted; — the person having the greatest number of votes for 
President, shall be the President, if such number be a majority of 
the whole number of electors appointed ; and if no person have 
such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the vote shall be taken 



Amendments.] CONSTITUTION OF THE UNITED STATES. lo 

by States, the representation from each State having one vote ; a 
quorum for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Representa- 
tives shall not choose a President whenever the right of choice 
shall devolve upon them, before the fourth day of March, next 
following, . then the Vice President shall act as President, as in 
the case of the death or other constitutional disability of the 
President. 

The person having the greatest, number of votes as Vice Presi- 
dent, shall be the Vice President, if such number be a majority of 
the whole number of electors appointed, and if no person have a 
majority, then from the two highest numbers on the list, the 
Senate shall choose the Vice President; a quorum for the purpose 
shall consist of two-thirds of the whole number of Senators, and 
a majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice President of the United States. 

ARTICLE XIII. 

Thirty-eighth Congress, Second Session, February 1st, 1865. 

Section One. Neither slavery nor involuntary servitude, except slavery and invoi- 

n • ir>i i ii i l ii un * ar y servitude, 

as a punishment tor crime whereof the party shall have been duly except for crime, 

• i i ii • i • i tt • i o i l Prohibited. 

convicted, shall exist withm the United states, or any place sub- 
ject to their jurisdiction. 

Section Two. Congress shall have power to enforce this article Power of congress 

..•,.,'. to enforce this. 

by appropriate legislation. Article. 

ARTICLE XIV. 

Thirty-ninth Congress, First Session, June 16th, 1868. 

Section One. All persons born or naturalized in the United Who citizens. 
States and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. ]$o State state not to abridge 
shall make or enforce any law which shall abridge the privileges or mumtfes of citizens. 
immunities of citizens of the United States ; nor shall any State 
deprive any person of life, liberty, or property, without due process 
of law nor deny to any person within its jurisdiction the equal pro- 
tection of the laws. 

Section Two. The representatives shall be apportioned among Apportionment 
the several States according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of electors for President and Vice President of the United States, 
representatives in Congress, the executive and judicial officers of a 
State, or the members of the legislature thereof, is denied to any 
one of the male inhabitants of such State, being twenty-one years 



.. of 

Representatives. 



16 CONSTITUTION OF THE UNITED STATES. [Amendments. 

of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of rep- 
resentation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such State. 
Disabilities in- Section Three. No person shall be a senator or representative 

curred by reason •_, 1 n rt • l 1 tt- -r» • i -i t i 

of participation in in Congress, or elector or President and Vice Jr resident, or hold 
any office, civil or military, under the United States, or under any 
State, who having previously taken an oath as a member of Con- 
gress, or as an executive or judicial officer of any State, to support 
the Constitution of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two-thirds of 
each house, remove such disability, 
validity of the pub- Section Four. The validity of the public debt of the United 
States, authorized by law, including debts incurred for payment of 
pensions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
Of debts incurred nor any State shall assume or pay any debt or obligation incurred 
and claims for loss in aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave ; but all such debts, 
obligations, and claims shall be held illegal and void. 
Power of congress Section Five. The Congress shall have power to enforce, by 
ticie D appropriate legislation, the provisions of this Article. 



INDEX 



CONSTITUTION OF THE UNITED STATES. 



A. 

Art. Sec. Page 

Arts and sciences to be promoted i 8 5 

Acts, records, and judicial proceedings of each State entitled to faith 

and credit in other States 4 1 10 

Amendme?its to the Constitution, how made 5 1 11 

Appoint?ne?its to be made by the President 2 2 8 

Apportionment of representatives 1 2 2 

Ditto . . . Ditto 15 

Appropriations by law 1 9 6 

Appropriation for army not to exceed two years 1 8 5 

Armies, Congress to raise and support . 1 8 5 

Arms, right of the people to keep and bear 13 

Assemble, people may 12 

Attainder, bill of, prohibited to Congress 1 9 6 

prohibited to the States 1 10 6 

of treason shall not work corruption of blood or forfeiture, 

except during the life of the person attainted .... 3 3 10 

B. 

Bail, excessive, not required 14 

Bankruptcy laws to be uniform 1 8 5 

Bills for raising revenue shall originate in the House of Representa- 
tives 1 7 4 

before they become laws, shall be passed by both houses 
and approved by the President ; or, if disapproved, shall 

be passed by two-thirds of each house 1 7 4 

not returned in ten days, unless an adjournment intervene, 

shall be laws 1 7 4 

Borrow money, Congress may 1 8 5 

C. 

Capitation tax, apportionment of 1 9 6 

Census, or enumeration, to be made every ten years 1 2 2 

4 ( xxv ) 



xxvi INDEX TO CONSTITUTION OF UNITED STATES. 

f Art. Sec. Page 
Citizens of each State shall be entitled to the privileges and immuni- 
ties of citizens in the several States 4 2 10 

of the United States, who are 15 

of the United States, not to be abridged in privilege, &c, 

by any State 15 

Claims, no prejudice to certain 4 3 10 

of the United States, or of the several States, not to be 

prejudiced by any construction of the Constitution ..43 10 

Coasting trade, regulations respecting 1 9 6 

Coins, Congress to fix value of foreign 1 8 5 

Commerce, Congress to regulate 1 8 5 

regulations respecting, to be equal and uniform ....19 6 

Commissions to be granted by the President 2 3 9 

Com?non law recognized and established, 7th amendment 13 

Congress vested with power 1 1 2 

may alter the regulations of State legislatures concerning 
elections of senators and representatives, except as to 

place of choosing senators r 4 3 

shall assemble once every year 1 4 3 

officers of government cannot be members of 1 6 4 

may provide for cases of removal, death, &c, of President 

and Vice-President 2 1 8 

may determine the time of choosing electors of President 

and Vice-President 2 1 8 

may invest the appointment of inferior officers in the Presi- 
dent alone, in the courts of law, or the heads of departs 

ments 2 2 8 

may establish courts inferior to the Supreme Court ...31 9 

may declare the punishment of treason 3 3 10 

may prescribe the manner of proving the acts and records 

of each State 4 1 10 

to assent to the formation of new States 4 3 10 

may propose amendments to Constitution or call a conven- 
tion 5 1 11 

to lay and collect duties 1 8 5 

to borrow money 1 8 5 

to regulate commerce 1 8 5 

to establish uniform laws of bankruptcy and naturalization 18 5 
to coin money, regulate the value of coin, and fix a stand- 
ard of weights and measures 1 8 5 

to punish counterfeiting 1 8 5 

to constitute tribunals inferior to the Supreme Court ..18 5 
to define and punish piracies, felonies on the high seas, 

and offences against the laws of nations 1 8 5 

to establish post offices and post roads 1 8 5 

to authorize patents to authors and inventors .1 8 5 

to declare war, grant letters of marque, and make rules 

concerning captures 1 8 5 

to raise and support armies 1 8 5 



INDEX TO CONSTITUTION OF UNITED STATES. 



Art. Sec. 



Congress to provide and maintain a navy 

to make rules for the government of the army and navy . 

to call out the militia in certain cases 

to organize, arm, and discipline militia 

to exercise exclusive legislation over seat of government . 
to pass laws necessary to carry the enumerated powers into 

effect i 

to dispose of and make rules concerning the territory or 

other property of the United States 4 

may enforce Art. XIII of Amendment, by appropriate 

legislation 

may remove disabilities arising out of participation in re- 
bellion 

may enforce Art. XIV of Amendment, by appropriate 

legislation 

President may convene and adjourn, in certain cases . . 2 

Co?istitution how amended 5 

laws, and treaties declared to be the supreme law ... 6 
rendered operative by the ratification of nine States . . 7 

Contracts, no law impairing 1 

Conventions for proposing amendments to the Constitution ... 5 

Counterfeiting, Congress to provide for punishment of 1 

Court, Supreme, its original and appellate jurisdiction 3 

Courts inferior to the Supreme Court may be ordained by Congress 1 

Ditto Ditto 3 

Crimes, persons accused of, fleeing from justice, may be demanded 4 

how to be tried 3 

Criminal prosecutions, proceedings in cases of 

D. 

Debt, Public, validity of not to be questioned 

Debts against the confederation to be valid 6 

incurred in aid of rebellion, and claims for loss of slaves, 
illegal and void 

Disabilities incurred by reason of participation in rebellion 

Duties to be laid by Congress, and to be uniform 1 

further provision respecting 1 

cannot be laid by the States ..." 1 

on exports prohibited 1 

on imports and exports imposed by States shall inure to 
the treasury of the United States 1 

E. 

Elections of senators and representatives shall be prescribed by the 

States 1 

qualifications and returns of members of Congress to be 

determined by each house 1 

Electors of President and Vice-President, how chosen, and their du- 
ties 2 

altered, (see 12th amendment) 



3 

1 
1 
1 
10 
1 



9 
10 

9 
10 



Page 

5 
5 
5 
5 
6 



15 
16 

16 

9 
n 
11 
11 

6 
11 

5 
8 

5 

9 

10 

9 
I 3 



16 
11 

16 
16 

5 
6 
6 
6 



3 

4 

7 
14 



xxviii INDEX TO CONSTITUTION OF UNITED STATES. 

Art. Sec. Page 

Electors to vote the same day throughout the United States ...21 8 

no senator or representative, or public officer, shall serve as 2 1 7 

disabilities for position of 16 

Enumeration every ten years 1 2 2 

Executive power vested in a President, (see President) 21 7 

Exports not to be taxed 1 9 6 

and imports, States prohibited from laying duties on . . 1 10 6 

Ex post facto law, none shall be passed 1 9 6 

prohibited to States 1 10 6 

F. 

Fines excessive, prohibited 14 

Fugitives from justice to be delivered up 4 2 10 

from service may be reclaimed 4 2 10 

H. 

Habeas corpus, writ of, can only be suspended in cases of rebellion 

or invasion 1 '9 6 

House of Representatives. (See Representatives.) 

I. 

Impeachment to be brought by House of Representatives .,..12 2 

tried by the Senate 1 3 3 

judgment on 1 3 3 

all civil officers liable to 2 4 9 

Importation of slaves, not prohibited till 1808 1 9 6 

Involuntary servitude prohibited except as punishment for crime 15 

j- 

Judges shall hold their offices during good behavior 31 9 

their compensation 3 1 9 

Judiciary — tribunals inferior to Supreme Court may be created ..18 5 

Judicial power vested in a Supreme Court and courts inferior ..31 9 

powers of the judiciary 3 2 9 

restrictions as to suits against a State 14 

Judicial proceedings of each State are entitled to faith and credit in 

every State 4 1 10 

Jury trial secured, and shall be held in the State where the crime 

shall have been committed 3 2 9 

further regulated, (6th amendment) 3 

secured in suits at common law where the value in contro- 
versy shall exceed twenty dollars, (7th amendment) 13 

L. 

Law, what is declared the supreme 6 1 n 

common, recognized and established, (7th amendment) . ... ... 13 

Laws, President to see them faithfully executed .2 3 9 

Legislative powers vested in Congress. (See Congress.) 

Loans, authority to make ... 18 5 



INDEX TO CONSTITUTION OF UNITED STATES. xxix 

M. 

Art. Sec. Page 

Marque and reprisal, letters of i 8 5 

Militia to be called out 1 8 5 

to be officered by the States 1 8 5 

to be commanded by the President 2 2 8 

their right to keep and bear arms secured, (2d amendment) 13 

Money shall be drawn from the treasury only by appropriation laws 19 6 

Congress to coin and regulate value of 1 8 5 

States cannot make 1 10 6 

N. 

Naturalization , uniform rules of 1 8 5 

Navy, Congress to provide and govern 1 8 5 

Nobility, titles of, shall not be granted by the United States ...19 6 

nor by the States 1 10 6 

O. 

Officers of the House of Representatives shall be chosen by the House 12 2 

of the Senate shall be chosen by the Senate 1 3 3 

civil, may be removed by impeachment 2 4 9 

Order of one house requiring the concurrence of the other ...17 5 

Oath of the President 2 1 7 

of the public officers 6 1 11 

P. 

Pardons, President may grant 2 2 8 

Patents to be granted to inventors 1 8 5 

Petition, right of 12 

Persons held to service or labor, their importation or migration into 

the United States may be prohibited after 1808 ...19 6 
escaping from one State to another shall be delivered up to 

those entitled to service 4 2 10 

Piracy, Congress to prescribe punishment for 1 8 5 

Post offices and post roads, establishment of 1 8 5 

Powers not delegated to Congress nor prohibited to the States are 

reserved, (10th amendment) 14 

legislative. (See Congress.) 
executive. (See President.) 
judicial. (See Judicial.) 

Presents from foreign powers to public officers prohibited ....19 6 

Press, freedom of 12 

President of the U. S. vested with the executive power 21 7 

shall be chosen for four years 2 1 7 

how elected 2 1 7 

same, (12th amendment) 14 

qualifications for 2 1 8 

who will act in case of vacancy 2 1 8 

compensation of 2 1 8 

shall take an oath of office 2 1 8 



xxx INDEX TO CONSTITUTION OF UNITED STATES. 

Art. Sec. Page 

President of the U. S. may be removed by impeachment .... 2 4 7 

President, commander of army, navy, and militia 2 2 8 

may require the written opinions of the heads of departments 22 8 

may reprieve and pardon 2 2 8 

may make treaties with consent of the Senate .... 2 2 8 

may appoint to office with consent of the Senate ... 2 2 8 
shall fill up vacancies happening during the recess of the 

Senate 2 2 9 

shall give information to Congress and recommend meas- 
ures 2 3 9 

may convene both houses, or either house 2 3 9 

may adjourn them in case of disagreement 2 3 9 

shall receive ambassadors and public ministers .... 2 3 9 

shall take care that the laws be faithfully executed ... 2 3 9 

shall commission all officers 2 3 9 

Privileges and immunities of members of Congress 1 6 4 

of citizens. (See Citizens, also Rights.) 

Property, Congress to provide for care of public 4 3 10 

shall not be taken for public use without just compensa- 
tion, (5th amendment) 13 

Punishments, cruel and unusual, prohibited 14 

q. 

Quorum for business, what shall be a 1 5 4 

of States in choosing a President by the House of Repre- 
sentatives 2 1 7 

Quartering of troops 13 

R. 

Rebellion, disabilities incurred by reason of participation in 16 

Receipts and expenditures, accounts of, to be published ....19 6 

Records, how to be authenticated 4 1 10 

Religion, no law to be made prohibiting free exercise of 12 

religious test not required 6 ... 11 

Reprieves granted by the President 2 2 7 

Representatives, House of, composed of members chosen every second 

year 1 2 2 

qualifications of voters 1 2 2 

qualifications of members 1 2 2 

Ditto . . . Ditto 16 

apportionment of 1 2 2 

Ditto . Ditto 15 

vacancies, how supplied 1 2 2 

shall choose their officers 1 2 3 

shall have the power of impeachment 1 2 3 

shall be the judge of the election and qualifications of its 

members 1 5 4 

what shall be a quorum 1 5 4 

any number may adjourn, and compel the attendance of 

absentees • . . . 1 5 . 4 



INDEX TO CONSTITUTION OF UNITED STATES. xxxi 

Art. Sec. Page 

Representatives may determine the rules of proceeding i 5 4 

may punish or expel a member 1 • 5 4 

shall keep a journal and publish the same 1 5 4 

shall not adjourn for more than three days, nor to any other 

place, without the consent of the Senate 15 4 

one-fifth may require the yeas and nays 1 5 4 

shall originate bills for raising revenue 1 7 4 

compensation to be ascertained by law 1 6 4 

privileged from arrest, except in certain cases ....16 4 

shall not be questioned for speech or debate in the House 16 4 

shall not be appointed to office 1 6 4 

shall not serve as electors of President 2 1 7 

and direct taxes apportioned according to numbers ...12 2 
Representation of a State, vacancies in, supplied until a new election 

by executive authority 1 2 2 

Resolution, order, or vote, requiring the concurrence of both houses, 

to undergo the formalities of bills 1 7 4 

Revenue bills to originate in the House of Representatives ...17 4 
Rights of the citizen declared to be — 

privileges of citizens of the several States 4 2 10 

liberty of conscience in matters of religion 12 

freedom of speech and of the press 12 

to assemble and petition 12 

to keep and bear arms 13 

to be exempt from the quartering of soldiers 13 

to be secure from unreasonable searches and seizures 13 

to be free from answering for a crime, unless on present- 
ment or indictment of a jury 13 

not to be twice jeoparded for the same offence 13 

not to be compelled to be a witness against himself 13 

not to be deprived of life, liberty, or property, without due 

course of law 13, 15 

private property not to be taken for public use 13 

in criminal prosecutions, shall enjoy the right of a speedy 

trial by jury, with all the means necessary for his defence 13 

in civil cases, trial to be by a jury, and shall only be re- 
examined according to common law 13 

excessive bail shall not be required, excessive fines im- 

• posed, nor cruel or unusual punishments inflicted 14 

enumeration of certain rights shall not operate against re- 
tained rights 13 

no State to abridge privileges, &c, of citizens of the U. S 15 

no State to deprive any person of life, liberty, or property, 

without due process of law, &c 15 

Rules, each house shall determine its own 1 5 4 

S. 

Seat of Government, exclusive legislation 1 8 6 

Searches and seizures, security against 13 

Senate, composed of two senators from each State ...... 1 3 3 



XXX11 



INDEX TO CONSTITUTION OF UNITED STATES. 



Senate, how chosen, classed, and terms of service 

qualifications of senators 

Ditto . . Ditto 

Vice-President to be President of the . . . . . . . 

shall choose their officers 

shall be the judge of the elections and qualifications of its 

members 

what number shall be a quorum 

any number may adjourn, and compel attendance of ab- 
sentees 

may determine its rules 

may punish or expel a member 

shall keep a journal, and publish the same, except parts 

requiring secrecy 

shall not adjourn for more than three days, nor to any 
other place, without the consent of the other house . . 

one-fifth may require the yeas and nays 

may propose amendments to bills for raising revenue . . 

shall try impeachments 

effect of their judgment on impeachment 

compensation to be ascertained by law 

privileged from arrest 

not questioned for any speech or debate 

shall not be appointed to office 

senator shall not be elector 

Senators and representatives, elections of, how prescribed .... 
Servitude, involuntary, prohibited, except as punishment for crime . 
Slavery not to exist within the United States, or any place subject 

to their jurisdiction 

Slaves, their importation may be prohibited after 1808 

escaping from one State to another may be reclaimed . . 

Soldiers not quartered on citizens 

Speaker, how chosen 

Speech, freedom of 

States prohibited from — 

entering into treaty, alliance, or confederation .... 

granting letters of marque 

coining money 

emitting bills of credit 

making anything a tender but gold and silver coin . . . 
passing bills of attainder, ex post facto laws, or laws im- 
pairing contracts 

granting titles of nobility 

laying duties on imports and exports 

laying duties on tonnage 

keeping troops or ships of war in time of peace .... 
entering into any agreement or contract with another State 

or a foreign power 

engaging in war 



,et. Sec. 

1 3 
1 3 



1 9 

4 2 



1 10 

1 10 

1 10 

1 10 

1 10 

1 10 

1 10 

1 10 

1 10 

1 10 

1 10 

1 10 



Page 

3 

3 

16 

3 
3 

4 
4 

4 

4 

4 



4 
4 
4 
8 

3 

4 
4 
4 
4 
7 
3 
15 

IS 
6 

10 

13 
3 

12 

6 
6 
6 
6 
6 

6 
6 
6 

7 
7 

7 
7 



INDEX TO CONSTITUTION OF UNITED STATES. xxxiii 

Aut. Sec. Page 

States, new, may be admitted into the Union 4 3 10 

may be formed within the jurisdiction of others, or by the 

junction of two or more, with the consent of Congress 

and the legislatures concerned 4 3 10 

State judges bound to consider treaties, the Constitution, and the 

laws under it, as supreme 6 ... 11 

State, every, guaranteed a republican form of government, protected 

by United States 4 4 10 

Supreme Court. (See Court and Judiciary.) 

Suits at common law, proceedings in 13 

T. 

Tax, direct, according to representation 1 2 2 

shall be laid only in proportion to census 1 9 6 

Tax on exports prohibited 1 9 6 

Tender what shall be a legal 1 10 6 

Territory, or public property, Congress may make rules concerning 4 3 10 

Test, religious, shall not be required 6 ... n 

Titles. (See Nobility.) 

Title from foreign State prohibited 1 9 6 

Treason, defined 3 3 10 

two witnesses, or confession, necessary for conviction . . 3 3 10 

punishment of, may be prescribed by Congress .... 3 3 10 

Treasury, money drawn from, only by appropriation 1 9 6 

Treaties, how made 2 2 8 

the supreme law 6 ... n 

States cannot make 1 10 6 

V. 

Vacancies happening during the recess may be filled temporarily by 

the President 2 2 8 

in representation in Congress, how filled 1 2 2 

Veto of the President, effect of, and proceedings on 1 7 5 

Vice-President of the U. S. to be President of the Senate .....13 3 

how elected 2 1 7 

amendment ' 14 

shall, in certain cases, discharge the duties of President .21 7 

may be removed by impeachment 2 4 9 

Vote of one house requiring the concurrence of the other ....17 5 

W. 

War, Congress to declare 1 8 5 

Warrants for searches and seizures, when and how they shall issue, 

(4th amendment) 13 

Witness in criminal cases, no one compelled to be against himself, 

(5th amendment) 13 

Weights and measures, standard of 1 8 5 

Y. 

Yeas and nays entered on journal 1 5 



DOCUMENTS, ETC., 



ILLUSTRATING THE 



HISTORY OF THE 



CONSTITUTION OF ARKANSAS. 



MEMBERS 



Arkansas Constitutional Convention of 1868. 



Arkansas County. 
JOHN McCLURE, 
JOHN N. HUTCHINSON. 

Ashley County. 
W. D. MOORE, 
GEORGE W. NORMAN. 

Benton County. 
W. W. REYNOLDS. 

Bradley County. 
JOHN M. BRADLEY. 

Calhoun County. 
WILLIAM G. HOLLIS. 

Carroll County. 
JOSEPPI WRIGHT. 

Chicot County. 
JAMES W. MASON. 

Clark County. 
SOLOMON EXON, 
MILES LEDFORD LANGLEY. 

Columbia County. 
WILLIAM A. BEASLEY, 
GEORGE W. McCOWN. 

Conway County. 
ANTHONY HINKLE. 

Craighead and Mississippi Counties. 
FREDERICK R. POOLE. 

Crawford County. 
THOMAS M. BOWEN. 



\j Crittenden County. 
ASA HODGES. 

Cross and Poinsett Counties. 
J. A. HOUGHTON. 

Dallas County. 
GAYLE H. KYLE. 

Desha County. 
CLIFFORD STANLEY SIMS. 

Drew County. 
R. G. PUNTNEY, 
SAMUEL J. MATTHEWS. 

Franklin County. 
ROBERT HATFIELD. 

Fulton and Searcy Counties. 
WILLIAM A. WYATT. 

Greene County. 
HAMPTON T. ALLEN* 

Hempstead County. 
JOHN R. MONTGOMERY, 
SOLOMON D. BELDIN, 
RICHARD SAMUELS. 

Hot Spring County. 
JOHN W. HARRISON. 

Independence County. 
PETER G. MISNER, 
GEORGE W. DALE. 

Izard County. 
W. W. ADAMS. 

Not present. 

( xxnvH ) 



MEMBERS OF THE CONVENTION. 



Jackson County. 
W. H. PICKETT .* 

Jefferson County. 
SAMUEL W. MALLORY, 
O. P. SNYDER, 
JAMES M. GRAY, 
WILLIAM MURPHY. 

Johnson County. 
JOHN N. SARBER. 

Lafayette County. 
ALFRED M. MERRICK, 
MONROE HAWKINS. 

Lawrence County. 
BOULDIN DUVALL. 

Little River County. 
GEORGE S. SCOTT. 

Madison County. 
F. M. SAMS. 

Marion and Newton Counties. 
PARLEY A. WILLIAMS. 

[Mississippi County, joined with Craighead. ,] 

Monroe County. 
AMOS H. EVANS. 

Montgomery and Perry Counties. 
JOHN C. PRIDDY. 

[Newton County, joined with Marion.~\ 

Ouachita County. 
JAMES P. PORTIS, 
NATHAN N. RAWLINGS. 

[Perry County, joined with Montgomery. ,] 

Phillips County. 
JOSEPH BROOKS, 
THOMAS SMITH, 
WILLIAM H. GREY, 
JAMES T. WHITE. 

Pike and Polk Counties. 
ELIJAH KELLY.* 

[Poinsett County, joined with Cross.] 



[Polk County, joined with Pike.] 

Pope County. 
WALTER W. BR ASHE AR. 

Prairie County. 
ROBERT S. GANTT, 
WILLIAM F. HICKS. 

Pulaski County. 
JAMES L. HODGES, 
JAMES HINDS, 
HENRY RECTOR, 
THOMAS P. JOHNSON. 

Randolph County. 
HAM. W. RATCLIFFE. 

• St. Francis County. 
DANIEL COATES. 

Saline County. 
JAMES H. SHOPPACH. 

Scott County. 
CHARLES H. OLIVER. 

[Searcy County, joined with Fulton.'] 

Sebastian County. 
MOSES BELL. 

Sevier County. 
JOSEPH H. CORBELL. 

Union County. 
R. C. VAN HOOK, 
IRA L. WILSON. 

Van Buren County. 
JESSE MILLSAPS. 

Washington County. 
CHARLES W. WALKER, 
JAMES M. HOGE. 

White County. 
J. N. CYPERT, 
THOMAS OWEN. 

Woodruff County. 
W. H. GRAY.* 

Yell County. 
FRANKLIN M. ROUNSAVILLE. 



Not present. 



Officers of the Convention. 



President, 



Vice-Presidents, 



Secretary, .... 

Assistant Secretaries, 

Chaplain, . . . . 

Sergeant-at-Arms, . 

Assistant Sergeants- 
at-Arms, 



Doorkeeper, . . . 
Assistant Doorkeepers, 



. THOMAS M. BOWEN, of Crawford County. 

JAMES L. HODGES, of Pulaski County. 

0. P. SNYDER, of Jefferson County. 

JOHN M. McCLURE, of Arkansas County. 
] GEORGE S. SCOTT, of Little River Co. 
I JOSEPH BROOKS, of Phillips County. 
I WALTER W. BRASHEAR, of Pope County. 
. John G. Price, of Pulaski County. 

. Henry St. John, of Bradley County. F. E. Wright, of Phillips County. 
. Rev. Moses F. Hyde, of Independence County. 
. Charles Schaerff, of Pulaski County. 

D. P. Beldin, of Hot Spring County. J. H. Kirkham, of Pike County. 

. Henry D. Sevier, of Conway County. 

. E. A. Robinson, of Searcy County. John Agee, of Pulaski County. 
A. S. Mustain, of Prairie County. 



Standing Committees of the Convention. 



Committee on the Constitution, its Arrangement and Phraseology. 
Messrs. Hodges, of Pulaski, Walker, Sims, 



Brooks, 



Portis, 

McClure, 



Sarber. 



Committee on Preamble and Bill of Rights. 
Messrs. Brooks, Priddy, Langley, 

Coates, Van Hook, Harrison. 

Hawkins, 



Committee on Legislative Department. 



Messrs. Sims, 

Corbell, 


Brashear, 

Hutchinson, 

Wyatt, 

Committee on the Executive. 


Evans, 
Pickett. 


Messrs. Snyder, 
Sims, 


Johnson, 

Kelly, 

Matthews, 

Committee on Boundaries. 


Wilson, 
McClure. 


Messrs. Bradley, 
Beasley, 


Wyatt, 

Wilson, 

Gray, of Woodruff, 


Rounsaville, 
Grey, of Phillips 



( xxxix ) 



xl STANDING COMMITTEES OF 



Committee on the Judiciary. 
Messrs. Montgomery, McClure, Sims, 

Snyder, Sams, Hinds. 

McCown, 

Committee on State Officers other than Executive. 
Messrs. Brashear, Duvall, Matthews, 

Brooks, Williams, Hodges, of Pulaski. 

Sims, 

Committee on Organization of Government of Cities and Villages. 
Messrs. Grey, of Phillips, Samuels, Mallory, 

Johnson, Cypert, Corbell. 

Allen, 

Committee on Salaries. 
Messrs. Mallory, Hutchinson, Sims, 

McClure, Misner, Gray, of Jefferson. 

Committee on Counties and Townships. 
Messrs. Oliver, Hawkins, Hinkle, 

Millsaps, Langley, Houghton. 

Bell, 

Committee o?i Elective Franchise. 
Messrs. Hinds, Exon, Cypert, 

Hutchinson, Grey, of Phillips, Brashear. 

Committee on Finance, Taxation, Public Debt, and Expenditures. 
Messrs. McClure, Sarber, Poole, 

Hodges, of Pulaski, Montgomery, Sims. 

Scott, 

Committee on Education. 
Messrs. Hutchinson, Grey, of Phillips, Brooks, 

Mason, Dale, Gray, of Jefferson. 

Smith, 

Committee on Banking, and Corporations other than Municipal. 
Messrs. McCown, Hatfield, Houghton, 

Sarber, Hodges, of Crittenden, Williams. 

Committee on Exemption of Real and Personal Estate. 
Messrs. Beasley, Montgomery, Owen, 

Murphy, Rounsaville, McCown. 

Beldin, 

Committee on Amending and Revising Constitution. 
Messrs. Kyle, Wyatt, Snyder, 

Reynolds, Williams, Brashear. 

Gray, of Jefferson, 

Committee on Internal Improvements. 
Messrs. Smith, Bell, Brashear, 

Oliver, Portis, • Misner. 

Sarber, 



THE CONVENTION. 

Committee on Impeachment, and Removal from Office. 



xli 



Messrs. Evans, 

Shoppach, 


Puntney, 
Rawlings, 

White, 

Committee on Miscellaneous Provisions. 


Priddy, 
Gantt. 


Messrs. Scott, 
Allen, 


Coates, 

Mallory, 

Ratcliffe, 

Committee on Schedule. 


Evans, 
White. 


Messrs. Matthews, 
Hicks, 


Rounsaville, 

Puntney, 

Hinds, 

Committee on Printing. 


Gantt, 
Rector. 


Messrs. McClure, 
Sarber, 


Sims, 
Coates, 

Committee on Supplies. 


Hodges, of Pulaski, 
Van Hook. 


Messrs. Sams, 

Bradley, 


Hawkins, 

Mason, 

Wright, 

Committee on Elections. 


Harrison, 

Hodges, of Crittenden, 


Messrs. Sarber, 
Mallory, 


Hinds, 

Hatfield, 

Dale, 


Hutchinson, 

Gantt. 



Committee on Apportionment. 



Messrs. Sarber, 
McClure, 


Hinds, 

Hodges, of Pulaski, 

Committee on Engrossment. 


Snyder. 


Messrs. Poole, 
Coates, 


Bradley, 
Hoge, 


Evans, 

Hodges, of Pulaski, 


Committee on Memorials and Ordinances. 




Messrs. Hinds, 
Beasley, 


Rawlings, 
Snyder, 

Committee on Federal Relations. 


Kyle, 
Hollis. 


Messrs. Hodges, of Crittenden 
Hutchinson, 


, Snyder, 

Hodges, of Pulaski, 
Cypert, 

Committee on Revising Journal. 


Murphy, 
Scott. 


Messrs. Cypert, 


Brooks, 

Committee on Ratification. 


Beasley. 


Messrs. Hodges, of Pulaski, 


Smith, 

Committee on Correspondence. 


Hutchinson. 


Messrs. Brooks, 


Sims, 
6 


Hodges, of Crittenc 



RECONSTRUCTION ACTS OF CONGRESS. 



To PROVIDE FOR THE MORE EFFICIENT GOVERNMENT OF THE REBEL STATES. 

Whereas no legal State Governments or adequate protection for life or prop- 
erty now exists in the rebel States of Virginia, North Carolina, South Carolina, 
Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas ; and 
whereas it is necessary that peace and good order should be enforced in said 
States until loyal and republican State governments can be legally established : 
Therefore — 

Be it enacted by the Senate and Rouse of Representatives of the United States of 
America in Congress assembled, That said rebel States shall be divided into mili- 
tary districts and made subject to the military authority of the United States 
as hereinafter prescribed ; and for that purpose Virginia shall constitute the 
first district ; North Carolina and South Carolina the second district ; Georgia, 
Alabama, and Florida the third district ; Mississippi and Arkansas the fourth 
district ; and Louisiana and Texas the fifth district. 

Sec 2. And be it further enacted, That it shall be the duty of the President to 
assign to the command of each of said districts an officer of the army not below 
the rank of brigadier general, and to detail a sufficient military force to enable 
such officer to perform his duties and enforce his authority within the district 
to which he is assigned. 

Sec. 3. And be it further enacted, That it shall be the duty of each officer as- 
signed as aforesaid to protect all persons in their rights of person and property, 
to suppress insurrection, disorder, and violence, and to punish, or cause to be 
punished, all disturbers of the public peace and criminals, and to this end he 
may allow local civil tribunals to take jurisdiction of and to try offenders, or, 
when in his judgment it may be necessary for the trial of offenders, he shall 
have power to organize military commissions or tribunals for that purpose, and 
all interference, under color of State authority, with the exercise of military 
authority under this act, shall be null and void. 

( xliii ) 



xliv DOCUMENTARY HISTORY OF THE CONSTITUTION. 

Sec. 4. And be it further enacted, That all persons put under military arrest 
by virtue of this act shall be tried without unnecessary delay, and no cruel or 
unusual punishment shall be inflicted ; and no sentence of any military commis- 
sion or tribunal hereby authorized, affecting the life or liberty of any person, 
shall be executed until it is approved by the officer in command of the district, 
and the laws and regulations for the government of the army shall not be 
affected by this act, except in so far as they conflict with its provisions : 
Provided, That no sentence of death, under the provisions of this act, shall be 
carried into effect without the approval of the President. 

Sec. 5. And be it further enacted, That when the people of any one of said 
rebel States shall have formed a constitution of government in conformity with 
the Constitution of the United States in all respects, framed by a convention 
of delegates elected by the male citizens of said State twenty-one years old and 
upward, of whatever race, color, or previous condition, who have been resident 
in said State for one year previous to the day of such election, except such as 
may be disfranchised for participation in the rebellion, or for felony at common 
law ; and when such constitution shall provide that the elective franchise shall 
be enjoyed by all such persons as have the qualifications herein stated for 
electors of delegates ; and when such constitution shall be ratified by a ma- 
jority of the persons voting on the question of ratification who are qualified as 
electors for delegates ; and when such constitution shall have been submitted to 
Congress for examination and approval, and Congress shall have approved the 
same ; and when said State, by a vote of its legislature elected under said con- 
stitution, shall have adopted the amendment to the Constitution of the United 
States proposed by the Thirty-ninth Congress, and known as article fourteen ; 
and when said article shall have become a part of the Constitution of the United 
States, said State shall be declared entitled to representation in Congress, and 
senators and representatives shall be admitted therefrom on their taking the 
oath prescribed by law ; and then and thereafter the preceding sections of this 
act shall be inoperative in said State : Provided, That no person excluded from 
the privilege of holding office by said proposed amendment to the Constitution 
of the United States shall be eligible to election as a member of the convention 
to frame a constitution for any of said rebel States, nor shall any such person 
vote for members of such convention. 

Sec. 6. And be it further enacted, That until the people of said rebel States 
shall be by law admitted to representation in the Congress of the United States, 
any civil government which may exist therein shall be deemed provisional only, 
and in all respects subject to the paramount authority of the United States at 
any time to abolish, modify, control or supersede the same ; and in all elections 
to any office under such provisional governments all persons shall be entitled to 
vote, and none others, who are entitled to vote under the fifth section of this 
act ; and no person shall be eligible to any office under any such provisional gov- 
ernments who would be disqualified from holding office under the provisions of 
the third article of said constitutional amendment. 

[Returned, by the President, to the House of Representatives, with his objec- 
tions, and passed, tw T o-thirds of each House agreeing, March 2d, 1867.] 



RECONSTRUCTION ACTS OF CONGRESS. xlv 

AN ACT 

Supplementary to an act entitled "An act to provide for the more 
efficient government of the rebel states," passed march second, 
eighteen hundred and sixty-seven, and to facilitate restoration. 

Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That before the first day of September, eighteen 
hundred and sixty-seven, the commanding general in each district defined by 
an act entitled "An act to provide for the more efficient government of the 
rebel States," passed March second, eighteen hundred and sixty-seven, shall 
cause a registration to be made of the male citizens of the United States, 
twenty-one years of age and upwards, resident in each county or parish in the 
State or States included in his district, which registration shall include only 
those persons who are qualified to vote for delegates by the act aforesaid, and 
who shall have taken and subscribed the following oath or affirmation : " I, 

, do solemnly swear, (or affirm,) in the presence of Almighty God, that 

I am a citizen of the State of ; that I have resided in said State for 



months next preceding this day, and now reside in the county of . or 

the parish of , in said State, (as the case may be ;) that I am twenty 

one years old ; that I have not been disfranchised for participation in any re 
bellion or civil war against the United States, nor for felony committed against 
the laws of any State or of the United States ; that I have never been a mem- 
ber of any State legislature, nor held any executive or judicial office in any 
State and afterwards engaged in insurrection or rebellion against the United 
States, or given aid or comfort to the enemies thereof; that I have never taken 
an oath as a member of Congress of the United States, or as an officer of the 
United States, or as a member of any State legislature, or as an executive or 
judicial officer of any State, to support the Constitution of the United States, 
and afterwards engaged in insurrection or rebellion against the United States, 
or given aid or comfort to the enemies thereof; that I w T ill faithfully support 
the Constitution and obey the laws of the United States, and will, to the best 
of my ability, encourage others so to do: So help me God;" which oath or 
affirmation may be administered by any registering officer. 

Sec. 2. And be it further enacted, That after the completion of the registra- 
tion hereby provided for in any State, at such times and places therein as the 
commanding general shall appoint and direct, of which at least thirty days' 
public notice shall be given, an election shall be held of delegates to a conven- 
tion for the purpose of establishing a constitution and civil government for 
such State loyal to the Union, said convention in each State, except Virginia, 
to consist of the same number of members as the most numerous branch of 
the State Legislature of such State in the year eighteen hundred and sixty, to 
be apportioned among the several districts, counties, or parishes of such State 
by the commanding general, giving to each representation in the ratio of voters 
registered as aforesaid as nearly as may be. The convention in Virginia shall 
consist of the same number of members as represented the territory now con- 
stituting Virginia in the most numerous branch of the Legislature of said State 
in the year eighteen hundred and sixty, to be apportioned as aforesaid. 



xlvi DOCUMENTARY HISTORY OF THE CONSTITUTION. 

Sec. 3. And be it further enacted, That at said election the registered voters 
of each State shall vote for or against a convention to form a constitution there- 
for under this act. Those voting in favor of such a convention shall have writ- 
ten or printed on the ballots by which they vote for delegates,- as aforesaid, the 
words " For a convention," and those voting against such 'a convention shall 
have written or printed on such ballots the words ''Against a convention." 
The persons appointed to superintend said election, and to make return of the 
votes given thereat, as herein provided, shall count and make return of the 
votes given for and against a convention; and the commanding general to whom 
the same shall have been returned shall ascertain and declare the total vote in 
each State for and against a convention. If a majority of the votes given on 
that question shall be for a convention, then such convention shall be held as 
hereinafter provided ; but if a majority of said votes shall be against a conven- 
tion, then no such convention shall be held under this act : Provided, That 
such convention shall not be held unless a majority of all such registered voters 
shall have voted on the questions of holding such convention. 

Sec. 4. And be it further enacted, That the commanding general of each dis- 
trict shall appoint as many boards of registration as may be necessary, con- 
sisting of three loyal officers or persons, to make and complete the registra- 
tion, superintend the election, and make return to him of the votes, list of 
voters, and of the persons elected as delegates by a plurality of the votes cast 
at said election ; and upon receiving said returns he shall open the same, ascer- 
tain the persons elected as delegates, according to the returns of the officers 
who conducted said election, and make proclamation thereof; and if a majority 
of the votes given on that question shall be for a convention, the commanding 
general, within sixty days from the date of election, shall notify the delegates 
to assemble in convention, at a time and place to be mentioned in the notifica- 
tion, and said convention, when organized, shall proceed to frame a constitu- 
tion and civil government according to the provisions of this act, and the act 
to which it is supplementary ; and when the same shall have been so framed, 
said constitution shall be submitted by the convention for ratification to the 
persons registered under the provisions of this act at an election to be con- 
ducted by the officers or persons appointed, or to be appointed by the com- 
manding general, as hereinbefore provided, and to be held after the expiration 
of thirty days from the date of notice thereof, to be given by said convention ; 
and the returns thereof shall be made to the commanding general of the dis- 
trict. 

Sec 5. And be it further enacted, That if, according to said returns, the con- 
stitution shall be ratified by a majority of the votes of the registered electors 
qualified as herein specified, cast at said election, at least one-half of all the 
registered voters voting upon the question of such ratification, the president 
of the convention shall transmit a copy of the same, duly certified, to the 
President of the United States, who shall forthwith transmit the same to Con- 
gress, if then in session, and if not in session, then immediately upon its next 
assembling : and if it shall moreover appear to Congress that the election was 
one at which all the registered and qualified electors in the State had an 
opportunity to vote freely, and without restraint, fear, or the influence of 
fraud, and if the Congress shall be satisfied that such constitution meets the 



RECONSTRUCTION ACTS OF CONGRESS. xlvii 

approval of a majority of all the qualified electors in the State, and if the said 
constitution shall be declared by Congress to be in conformity with the pro- 
visions of the act to which this is supplementary, and the other provisions of 
said act shall have been complied with, and the said constitution shall be 
approved by Congress, the State shall be declared entitled to representation, 
and Senators and Representatives shall be admitted therefrom as therein pro- 
vided. 

Sec. 6. And be it further enacted, That all elections in the States mentioned 
in the said " Act to provide for the more efficient government of the rebel 
States," shall, during the operation of said act, be by ballot ; and all officers 
making the said registration of voters, and conducting said elections, shall, 
before entering upon the discharge of their duties, take and subscribe the oath 
prescribed by the act approved July second, eighteen hundred and sixty-two, 
entitled " An act to prescribe an oath of office : " Provided, That if any person 
shall knowingly and falsely take and subscribe any oath in this act prescribed, 
such person so offending, and being thereof duly convicted, shall be subject to 
the pains, penalties, and disabilities which by law are provided for the punish- 
ment of the crime of wilful and corrupt perjury. 

Sec. 7. And be it further enacted, That all expenses incurred by the several 
commanding generals, or by virtue of any orders issued, or appointments 
made by them, under or by virtue of this act, shall be paid out of any moneys 
in the Treasury not otherwise appropriated. 

Sec. 8. And be it further enacted, That the convention for each State shall 
prescribe the fees, salary, and compensation to be paid to all delegates and 
other officers and agents herein authorized or necessary to carry into effect 
the purposes of this act, not herein otherwise provided for, and shall provide 
for the levy and collection of such taxes on the property in such State as may 
be necessary to pay the same. 

Sec 9. And be it further enacted, That the word " article," in the sixth sec- 
tion of the act to which this is supplementary, shall be construed to mean 
" section." 

[Returned, by the President, to the House of Representatives, with his ob- 
jections, and passed, two-thirds of each House agreeing, March 23d, 1867.] 



-A.KT ^. OT 

SUPPLEMENTARY TO AN ACT ENTITLED " An ACT TO PROVIDE FOR THE MORE 

efficient government of the rebel states," passed on the second 
day of March, eighteen hundred and sixty-seven, and the act 
supplementary thereto, passed on the twenty-third day of march, 
eighteen hundred and sixty-seven. 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, That it is hereby declared to have been the 
true intent and meaning of the act of the second day of March, one thousand 
eight hundred and sixty-seven, entitled " An act to provide for the more 
efficient government of the rebel States," and of the act supplementary 



xlviii DOCUMENTARY HISTORY OF, THE CONSTITUTION. 

thereto, passed on the twenty-third day of March, in the year one thousand 
eight hundred and sixty-seven, that the governments then existing in the 
rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, 
Alabama, Louisiana, Florida, Texas, and Arkansas, were not legal State gov- 
ernments ; and that thereafter said governments, if continued, were to be con- 
tinued subject in all respects to the military commanders of the respective 
districts, and to the paramount authority of Congress. 

Sec. 2. And be it further enacted, That the commander of any district named 
in said act shall have power, subject to the disapproval of the General of the 
army of the United States, and to have effect till disapproved, whenever in 
the opinion of such commander the proper administration of said' act shall 
require it, to suspend or remove from office, or from the performance of official 
duties and the exercise of official powers, any officer or person holding or exer- 
cising, or professing to hold or exercise, any civil or military office or duty in 
such district under any power, election, appointment, or authority derived 
from, or granted by, or claimed under, any so-called State or the government 
thereof, or any municipal or other division thereof; and upon such suspension 
or removal such commander, subject to the disapproval of the General as afore- 
said, shall have power to provide from time to time for the performance of the 
said duties of such officer or person so suspended or removed, by the detail of 
some competent officer or soldier of the army, or by the appointment of some 
other person, to perform the same, and to fill vacancies occasioned by death, 
resignation, or otherwise. 

Sec. 3. And beit further enacted, That the General of the army of the United 
States shall be invested with all the powers of suspension, removal, appoint- 
ment, and detail granted in the preceding section to district commanders. 

Sec. 4. And be it further enacted, That the acts of the officers of the army 
already done in removing in said districts, persons exercising the functions of 
civil officers, and appointing others in their stead, are hereby confirmed : 
Provided, That any person heretofore or hereafter appointed by any district 
commander to exercise the functions of any civil office, may be removed either 
by the military officer in command of the district, or by the General of the 
army. And it shall be the duty of such commander to remove from office as 
aforesaid all persons who are disloyal to the government of the United States, 
or who use their official influence in any manner to hinder, delay, prevent, or 
obstruct the due and proper administration of this act and the acts to which it 
is supplementary. 

Sec. 5. And be it further enacted, That the boards of registration provided for 
in the act entitled " An act supplementary to an act entitled ' An act to pro- 
vide for the more efficient government of the rebel States,' passed March two, 
eighteen hundred and sixty-seven, and to facilitate restoration," passed March 
twenty-three, eighteen hundred and sixty-seven, shall have power, and it shall 
be their duty before allowing the registration of any person, to ascertain, upon 
such facts or information as they can obtain, whether such person is entitled 
to be registered under said act, and the oath required by said act shall not be 
conclusive on such question, and no person shall be registered unless such board 
shall decide that he is entitled thereto ; and such board shall also have power 
to examine, under oath, (to be administered by any member of such board,) 



RECONSTRUCTION ACTS OF CONGRESS. xlix 

any one touching the qualification of any person claiming registration ; but in 
every case of a refusal by the board to register an applicant, and in every case 
of striking his name from the list as hereinafter provided, the board shall make 
a note or memorandum, which shall be returned with the registration list to 
the commanding general of the district, setting forth the grounds of such 
refusal or such striking from the list : Provided, That no person shall be dis- 
qualified as member of any board of registration by reason of race or color. 

Sec. 6. And be it further enacted, That the true intent and meaning of the 
oath prescribed in said supplementary act is, (among other things,) that no 
person who has been a member of the Legislature of any State, or who has held 
any executive or judicial office in any State, whether he has taken an oath to 
support the Constitution of the United States or not, and whether he was hold- 
ing such office at the commencement of the rebellion, or had held it before, and 
who has afterwards engaged in insurrection or rebellion against the United 
States, or given aid or comfort to the enemies thereof, is entitled to be regis- 
tered or to vote ; and the words " executive or judicial office in any State," in 
said oath mentioned shall be construed to include all civil offices created by 
law for the administration of any general law of a State, or for the administra- 
tion of justice. 

Sec. 7. And be it further enacted, That the time for completing the original 
registration provided for in said act may, in the discretion of the commander 
of any district, be extended to the first day of October, eighteen hundred and 
sixty-seven ; and the boards of registration shall have power, and it shall be 
their duty, commencing fourteen days prior to any election under said act, and 
upon reasonable public notice of the time and place thereof, to revise, for a 
period of five days, the registration lists, and upon being satisfied that any 
person not entitled thereto has been registered, to strike the name of such 
person from the list, and such person shall not be allowed to vote. And such 
board shall also, during the same period, add to such registry the names of all 
persons who at that time possess the qualifications required by said act who 
have not been already registered ; and no person shall, at any time, be entitled 
to be registered or to vote by reason of any executive pardon or amnesty for 
any act or thing which, without such pardon or amnesty, would disqualify 
him for registration or voting. 

Sec. 8. And be it further enacted, That section four of said last-named act 
shall be construed to authorize the commanding general named therein, when- 
ever he shall deem it needful, to remove any member of a board of registration 
and to appoint another in his stead, and to fill any vacancy in such board. 

Sec 9. And be it further enacted, That all members of said boards of regis- 
tration and all persons hereafter elected or appointed to office in said military 
districts, under any so-called State or municipal authority, or by detail or ap- 
pointment of the district commanders, shall be required to take and to sub- 
scribe the oath of office prescribed by law for officers of the United States. 

Sec. 10. And be it further enacted, That no district commander or member 
of the board of registration, or any of the officers or appointees acting under 
them, shall be bound in his action by any opinion of any civil officer of the 
United States. 

Sec 11. And be it further enacted, That all the provisions of this act and of 



1 DOCUMENTARY HISTORY OF THE CONSTITUTION. 

the acts to which this is supplementary shall be construed liberally, to the end 
that all the intents thereof may be fully and perfectly carried out. 

[Returned, by the President, to the House of Representatives, and passed, 
two-thirds of each House agreeing, July 19th, 1867.] 



[The following Act of Congress was not passed until after the adjournment 
of the Constitutional Convention of Arkansas, and just preceding the election 
for ratification of the Constitution. For convenience of reference, it is here 
inserted with the other Reconstruction Acts.] 

To AMEND THE ACT PASSED MARCH TWENTY-THIRD, EIGHTEEN HUNDRED AND 

SIXTY-SEVEN, ENTITLED " An ACT SUPPLEMENTARY TO ' An ACT TO PROVIDE 

for the more efficient government of the rebel states,' passed 
March second, eighteen hundred and sixty-seven, and to facilitate 
their restoration." 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, That hereafter any election authorized by the 
act passed March twenty-three, eighteen hundred and sixty-seven, entitled 
" An act supplementary to ' An act to provide for the more efficient govern- 
ment of the rebel States,' passed March two, [second,] eighteen hundred and 
sixty-seven, and to facilitate their restoration," shall be decided by a majority 
of the votes actually cast ; and at the election in which the question of the 
adoption or rejection of any constitution is submitted, any person duly regis- 
tered in the State may vote in the election district where he offers to vote 
when he has resided therein for ten days next preceding such election, upon 
presentation of his certificate of registration, his affidavit, or other satisfactory 
evidence, under such regulations as the district commanders may prescribe. 

Sec 2. And be it further enacted, That the constitutional convention of any 
of the States mentioned in the acts to which this is amendatory may provide 
that at the time of voting upon the ratification of the constitution the registered 
voters may vote also for members of the House of Representatives of the 
United States, and for all elective officers provided for by the said constitu- 
tion ; and the same election officers who shall make the return of the votes cast 
on the ratification or rejection of the constitution, shall enumerate and certify 
the votes cast for members of Congress. 

Schuyler Colfax, 

Speaker of the House of Representatives. 

B. F. Wade, 

President of the Senate pro tempore. 

[Passed February 27th, 1868, and not being returned by the President 
within ten days, became a law without his approval.] 



MILITARY ORDERS. 



ORDERS 

FROM HEADQUARTERS FOURTH MILITARY DISTRICT, 



PROVIDING FOR THE ELECTION AND ASSEMBLY OF THE 
CONSTITUTIONAL CONVENTION. 



HEADQUARTERS FOURTH MILITARY DISTRICT, 

(Mississippi and Arkansas) 

Office of Civil Affairs, 

Vicksburg, Miss., September 26th, 1867. 

General Orders 
No. 31. 

I. The registration of the legal voters in this Military District having been 
completed, in compliance with the provisions of the Act of Congress, entitled 
" An Act to provide for the more efficient government of the rebel States," and 
the Acts supplementary thereto, an election is hereby ordered to be held in the 
States composing the same, commencing on the first Tuesday in November 
next, and continuing as hereinafter prescribed, until completed, to determine 
whether conventions shall be held, "for the purpose of establishing constitu- 
tions and civil governments for the States loyal to the Union," and, in case a 
majority of the votes cast are in favor thereof, for delegates thereto. 

II. In order to secure as nearly as possible a full expression of the voice of 
the people, the election will be held at each precinct of every county of the 
States in the District and — as required by law — under the supervision of the 
County Boards of registration. The method of conducting the election in each 
county will be as follows : Immediately upon receipt of this order each Board 
of registrars will meet — divide the whole number of election precincts of their 
respective counties into three portions as nearly equal in number as possible, 
and assign one of the shares thus made to each registrar, who will be responsi- 
ble for the proper conduct of the election therein. Thereupon each registrar 
will appoint a judge and clerk of election, who, with himself, will constitute 
the " Commissioners of election," for the precincts of his district. Each regis- 
trar will provide himself with a ballot-box, with lock and key and of sufficient 
size to contain the votes of all the registered voters in his largest precinct. 



lii DOCUMENTARY HISTORY OF THE CONSTITUTION. 

Each registrar will give full and timely notice throughout his district, of the 
day of election in each precinct, so that he, with his judge and clerk, can pro- 
ceed from precinct to precinct of his district, and hold election on consecutive 
days — when the distance between precincts will permit — with a view to the 
early completion of the voting. The election will be by ballot, and will be 
conducted in all details, not herein prescribed, according to the customs hereto- 
fore in use in the respective States. Each ballot will have written or printed 
upon it : " For a Convention " or " Against a Convention,'' and in addition the 
correct name (or names) of the delegate (or delegates) voted for. Each voter, 
in offering his ballot must exhibit his certificate of registry, across the face of 
which the clerk of election will write his name in red ink, to indicate that a 
vote has been cast upon that certificate — at the same time the registrar will 
check off the voter's name on the precinct book, serving as the " poll book." 
The polls will be opened at 10 o'clock a.m., at each precinct, and will be kept 
continuously open until sunset, at which time the polls will be closed, the ballot- 
box opened, votes counted by the Commissioners and. a written return thereof, 
under oath of the Commissioners, immediately made to these Headquarters, in 
duplicate. The votes cast will then be securely enclosed and forwarded by 
mail to the Assistant Adjutant General at these headquarters, with a letter of 
transmittal, setting forth the number of votes cast for and the number against 
a convention, which letter will be witnessed by the deputy sheriff present in 
accordance with the requirements of paragraph V of this order. (Special in- 
structions will be given hereafter with regard to the voting of some of the 
more populous precincts, in which it would be difficult to take the entire vote 
by the above method in one day.) 

III. Judges and clerks of election will be selected by registrars, preferably 
from among the residents of their respective districts, but if they cannot be 
obtained therein, competent and qualified under the law, then from among, the 
residents of the county, and if not attainable in the county, then from the State 
at large ; they are required to take and subscribe to the oath of office, pre- 
scribed by the Act of Congress of July 2d, 1862, which oath may be adminis- 
tered by the registrar. The oaths, properly subscribed, will be forwarded 
immediately for file in the office of the Assistant Adjutant General at these 
Headquarters. 

The pay of these officers will be six dollars ($6) per diem, for each day they 
are actually employed on their legitimate duty, and their actual expenses of 
transportation within their district will be reimbursed. 

IV. Commencing fourteen days before the election, Boards of registrars 
will, after having given reasonable public notice of the time and place thereof, 
revise, for a period of five days, the registration lists, and, upon being satisfied 
that any person not entitled thereto has been registered, will strike the name 
of such person from the list, and such person shall not be allowed to vote. The 
Boards will also during the same period, add to the registry the names of all 
persons, who at that time possess the qualifications required by law, and who 
have not been already registered. All changes made in the lists of registered 
voters, will be immediately reported to these Headquarters. 



MILITARY ORDERS. liii 

V. The Sheriff of each county is made responsible for the preservation of 
good order, and the perfect freedom of the ballot at the various election pre- 
cincts in his county. To this end he will appoint a deputy — who shall be duly 
qualified under the laws of his State — for each precinct in the county, who will 
be required to be present at the place of voting during the whole time the elec- 
tion is being held. The said deputies will promptly and fully obey every de- 
mand, made upon their official services by the Commissioners of Election, in 
furtherance of good order during the election, under penalty of immediate arrest 
and trial by Military Commission. Sheriffs, in making their appointments, will 
exercise great care to select men whom they know to be in every way able to 
serve. The persons thus elected are required to accept ; no excuse will be taken 
for failure to serve. 

VI. As an additional measure for securing the purity of the election, each 
registrar, judge and clerk, is hereby clothed with all the functions of a civil 
executive officer, is empowered to make arrests, and authorized to perform all 
duties appertaining to such officers under the laws of the States, during the days 
of election. 

VII. At every precinct during the election, all public bar-rooms, saloons cr 
other places at which intoxicating or malt liquor is sold at retail, will be closed 
from 5 o'clock a. m. until 10 o'clock p. m. Should any infraction of this order 
in this respect, come to the knowledge of the Commissioners of Election, or the 
deputy sheriff in attendance, they will immediately cause the. arrest of the 
offending party, or parties, and the closing of his, or their, place of business. 
All parties so arrested will be placed under bonds, of not less than one hundred 
dollars ($100), to appear for trial when required by proper authority, or in case 
of failure to give the required bond, will be held in arrest to await the action of 
the General Commanding. 

VIII. Should violence or fraud be perpetrated at the election in any precinct, 
the General Commanding will exercise to the fullest extent the powers vested 
in him for the prompt punishment of offenders, and the election will be held 
over again under the protection of United States troops. 

IX. No registrar, judge or clerk will be permitted to become a candidate for 
office at the election for which he serves as Commissioner. 

X. When the election returns are received from all the counties, the result 
of the election will be made known, and in case the majority of the legal votes 
cast are in favor of a Convention, the names of the delegates elected thereto 
will be officially announced, and further orders published assembling the Con- 
vention. 

XI. [The first portion of this paragraph relates to the apportionment of del- 
egates in the State of Mississippi.] 



liv 



DOCUMENTARY HISTORY OF THE CONSTITUTION. 



The number of delegates to be voted for in the State of Arkansas is seventy- 
five, apportioned among the counties as follows : 



To the counties of Pulaski, Jefferson and Phillips, each- 


-four. 




To the county of Hempstead — three. 






To the counties of 








Washington, 


Lafayette, 


Clark, 


Ouachita, ) 


Columbia, 


Union, 


Drew, 


Ashley, V two each. 


Arkansas, 


Prairie, 


White, 


Independence, ) 


To the counties of 








Benton, 


Crawford, 


Sebastian, 


Sevier, 




Little River, 


Yell, 


Scott, 


Franklin, 




Madison, 


Carroll, 


Johnson, 


Pope, 




Conway, 


•Van Buren, 


Izard, 


Saline, 




Hot Springs, 


Dallas, 


Calhoun, 


Bradley, 


>- one each. 


Chicot, 


Desha, 


Monroe, 


Woodruff, 




St. Francis, 


Crittenden, 


Greene, 


Randolph, 




Lawrence, 


Jackson, 









To the counties of Polk and Pike, together — one. 

To the counties of Montgomery and Perry, together — one. 

To the counties of Newton and Marion, together — one. 

To the counties of Fulton and Searcy, together — one. 

To the counties of Poinsett and Cross, together — one. 

To the counties of Mississippi and Craighead, together — one. 

By command of Brevet Major General Ord. 



O. D. Greene, 

Assistant Adjutant General. 



HEADQUARTERS FOURTH MILITARY DISTRICT, 

(Mississippi and Arkansas) 

Office of Civil Affairs, 

Vicksbukg, Miss., October 2d, 1867. 

Circular 
No. 18. 

The following modifications of the method of conducting the ensuing elec- 
tion, as promulgated in General Orders No. 31, current series, from these 
Headquarters, are adopted and published to the Boards of Registrars con- 
cerned, for their guidance in the election at the following precincts, to wit : 
[Here follows a list of precincts in the State of Mississippi] Little Rock, 
Pulaski County, Helena, Phillips County, of Arkansas. These precincts will 
be omitted from the count of the whole number of precincts to be divided 
amongst the registrars, as prescribed in General Orders No. 31, and each 
member of the respective Boards of Registrars from the counties will, 
with his judge and clerk, open a poll in the precinct during the election, 
making three (3) polls for the town. The time and places of holding such 
polls in the precinct, will be determined by the Board when it meets, as di- 
rected in paragraph II of General Orders No. 31, and will be selected with a 



MILITARY ORDERS. lv 



view of furnishing the greatest facility to the voters in casting their votes. 
The election will continue during two (2) days, one day for the white voters 
and one for the colored, of which due notification will be given by the Boards. 
The clerks of election for the counties in which these precincts are situated, 
should be required by the registrars to make two additional copies (to be cer- 
tified by the. Board as correct) of the revised precinct book for use at these 
polls. The name of either clerk of election in the precinct, written or stamped 
in red ink across the face of a certificate of registry, will be the check against 
duplicate voting on the same certificate. 

The election returns in these precincts will be consolidated by the Commis- 
sioners of election at the end of the second day's voting, and forwarded to these 
Headquarters. 

By command of Brevet Major General Ord. 

O. D. Greene, 
Assistant Adjutant General. 



HEADQUARTERS FOURTH MILITARY DISTRICT, 

(Mississippi and Arkansas) 

Office of Civil Affairs, 

Holly Springs, Miss., December 5th, 1867. 
General Orders 
No. 37. 

I. At the election held in the States of Mississippi and Arkansas, — com- 
mencing on the 5th day of November, 1867, and continuing until completed, 
— to determine whether State Conventions should be held " for the purpose of 
establishing constitutions and civil governments " for those States, " loyal to 
the Union," and for delegates thereto, a majority of the registered voters in 
each of the States having voted on the question of Convention, and the num- 
ber of votes cast " For a Convention " in each State, being a majority of all the 
votes cast therein on the question, the Convention will be held as provided by 
the Act of Congress, approved March 23d, 1867. 

[The place and time of assembling of the Convention for the State of Mis- 
sissippi, are here designated.] 

The Hall of the House of Representatives in the State House at Little Rock, 
Arkansas, and 11 o'clock a.m., Tuesday the 7th day of January, 1868, are 
designated as the place and time for the assembling of the Convention for the 
State of Arkansas. 

II. Irregularities in the conduct of the election in certain precincts of the 
States composing the District, having been reported to these Headquarters, 
and the vote in those precincts having been suspended, to await official inves- 
tigation, renders it impracticable to promulgate at the present time the lists 
of delegates elected to the respective State Conventions, as also " the total 
vote in each State for and against a Convention." The lists of delegates and 



lvi DOCUMENTARY HISTORY OF THE CONSTITUTION. 

the total vote will be published in General Orders as soon as practicable, after 
they are correctly ascertained. 

By command of Brevet Major General Ord. 

O. D. Greene, 

Assistant Adjutant General. 



HEADQUARTERS FOURTH MILITARY DISTRICT, 

(Mississippi and Arkansas.) 

Office of Civil Affairs, 
Holly Springs, Miss., Dec. 21, 1867. 
General Orders, ) 
No. 43. J 

I. At the election recently held in the State of Arkansas, to determine 
whether a Convention should be called " for the purpose of establishing a Con- 
stitution and civil government for the State, loyal to the Union," and for dele- 
gates thereto, forty-one thousand one hundred and thirty-four (41,134) votes were 
cast upon the question of holding such Convention, of which number twenty- 
seven thousand five hundred and seventy-six (27,576) votes were cast " For a Con- 
vention," and thirteen thousand five hundred and fifty -eight (13,558) votes were 
cast " Against a Convention." The total number of registered voters in the 
State is sixty-six thousand eight hundred and five (66,805.) The number of votes 
cast on the question of Convention being in excess of th*e number required by 
the Act of Congress approved March 23d, 1867, and a majority of those votes 
having been cast " For a Convention," the Convention will be held and will 
assemble as heretofore directed in General Orders No. 37, current series, from 
these Headquarters, dated December 5, 1867. 

II. The following delegates were duly elected to the Convention, according 
to the returns of the officers who conducted said election, and are hereby noti- 
fied to meet in Convention as directed in the above mentioned General Orders 
No. 37, current series, from these Headquarters : * 

********** 

Delegates elect will, upon identification, be furnished with official copies of 
this Order at the Headquarters of General C. H. Smith, commanding Sub- 
District of Arkansas, Little Rock, Arkansas, which will constitute their cer- 
tificate of election. 

By command of Brevet Major General Ord. 

O. D. Greene, 

Assistant Adjutant General. 



* See list of members of the Convention, as perfected, on p. xxxvii. 



MILITARY ORDERS. lvii 



[The Special Orders concerning elections for delegates in Calhoun, Lafay- 
ette, Ouachita, and Ashley Counties, will be found on p. 37, et seq., of the Re- 
port of the Debates and Proceedings of the Convention.] 



ORGANIZATION OF CONSTITUTIONAL CONVENTION 



[From Official Report of Proceedings of Convention.] 

Little Rock, Arkansas, 

Tuesday, January 7th, 1868. 

In pursuance of the provisions of the foregoing Act of Congress entitled " An 
act to provide for the more efficient government of the rebel States," passed 
March 2d, eighteen hundred and sixty-seven, and acts of Congress supplemen- 
tary to and explanatory thereof, passed, respectively, March 23d, and July 
19th, eighteen hundred and sixty-seven, and in compliance with the foregoing 
General Orders from Headquarters Fourth Military District (Mississippi and 
Arkansas), viz. : General Orders No. 37, dated " Office of Civil Affairs, Holly 
Springs, Miss., Dec. 5, 1867," and General Orders No. 43, dated " Office of 
Civil Affairs, Holly Springs, Miss., Dec. 21, 1867," delegates in the last-named 
Order declared duly elected to the Convention called "for the purpose of 
establishing," for the State of Arkansas, "a constitution, and civil government, 
loyal to the Union," assembled in the Hall of the House of Representatives in 
the State House at Little Rock, at 11 o'clock a.m., of Tuesday, the 7th day of 
January, 1868. 

At the hour above-named, 

Mr. Hinds, of Pulaski County, called the delegates present to order, and, 
for the purpose of a temporary organization, moved that Mr. Snyder, of Jef- 
ferson County, be called to the chair. 

The nomination of Mr. Snyder, as temporary Chairman, was agreed to by 
acclamation. 

"St $£ "5r ■jfc $£ 3j£ 

On motion of Mr. Hinds, 

Rev. Joseph Brooks, a delegate from Phillips County, opened the proceed- 
ings with prayer. 

Mr. Hodges, of Pulaski County, moved that Mr. Sarber, of Johnson County, 
be selected as temporary Secretary. 

The motion was agreed to; and Mr. Sarber assumed the duties of Secretary, 
pro tempore. 

Mr. Montgomery, of Hempstead County, moved that Mr. Hutchinson, 
of Arkansas County, be selected as temporary Assistant Secretary. 

The motion was agreed to; and Mr. Hutchinson assumed the duties of 
Assistant Secretary pro tempore. 

A Delegate offered a resolution in substance as follows : 

Resolved : That the Chair appoint a committee of five, to report upon the 
credentials of members. 

8 



lviii DOCUMENTARY HISTORY OF THE CONSTITUTION. 

Mr. Montgomery moved, as a substitute, that the roll be called, and that 
members, upon the calling of their names, come forward and present their 
credentials. 

The question was taken upon the adoption of the substitute ; and the substi- 
tute was accepted. 

The Secretary pro tempore proceeded to call the roll, by counties ; when 
the following-named delegates answered to their names, and presented their 
certificates of election, consisting of official copies of General Orders, No. 43, 
Headquarters Fourth Military District (Mississippi and Arkansas), dated 
" Office of Civil Affairs, Holly Springs, Miss., December 21, 1867," furnished, 
from Headquarters of Brigadier General C. H. Smith, commanding Sub-District 
of Arkansas. 

$j£ t(p ■ yfc yfc 7j£ vfc tj? vl* 

Fifty-one delegates, being more than two-thirds of the whole number pro- 
vided for by the General Orders regulating the election and assembly of the 
Convention, having answered to their names, and presented their certificates 
of election, 

The Secretary pro tempore announced that a quorum for the transaction of 
business was present. 



PBOCLA.MATION, 

ANNOUNCING ADOPTION OF CONSTITUTION, 

AND 

NOTICES OF ELECTION, UNDER ACTS OF CONGRESS, FOR RATIFICATION. 



NOTICE. 



In pursuance of the requirements of the Acts of Congress entitled " An Act 
for the more efficient government of the rebel States," and the acts supple- 
mental thereto, and in accordance with an Ordinance of this Convention, notice 
is hereby given, that the Constitution framed and adopted by this Convention 
for the State of Arkansas, will be submitted, for ratification, to the persons 
registered as voters in said State, under the provisions of said Act of Congress, 
at an election which will commence to be holden in the several counties in said 
State, on the 13th day of March, 1868, said election to be conducted by officers 
or persons appointed by the commanding General of this, the Fourth Military 
District. 

Dated at Little Rock, this 11th day of February, 1868. 

Thomas M. Bowen, 

President Constitutional Convention. 

J. G. Price, 

Secretary. 



MILITARY ORDERS. lix 



NOTICE OF ELECTION, UNDER PROVISIONS OF SCHEDULE, 
FOR RATIFICATION OF THE CONSTITUTION. 



ELECTION NOTICE. 



Take notice, that on the 13th day of March, A.D. 1868, an election will com- 
mence to be holden in the various counties in the State of Arkansas, under and 
in pursuance of the provisions of the Constitution for said State framed and 
adopted by the Convention which assembled at Little Rock, on the 7th day of 
January, 1868, at which election said Constitution will be submitted for ratifi- 
cation to the persons who are legal voters under said Constitution, and persons 
to fill the following offices will be voted for, viz. : Governor, Lieutenant- 
Governor, four Judges of the Supreme Court, Auditor, Secretary of State, 
State Treasurer, Superintendent of Public Instruction, Attorney-General, Mem- 
bers of Congress, State Senator, Representatives, and all County Officers. 
Dated at Little Rock, this 11th day of February, 1868. 

JAMES L. HODGES, 
JOSEPH BROOKS, 
THOMAS M. BO WEN, 
State Board of Commissioners of Election. 



ORDERS 

FROM HEADQUARTERS FOURTH MILITARY DISTRICT, 

AND HEADQUARTERS SUB-DISTRICT OF ARKANSAS, 

PROVIDING FOR ELECTION FOR RATIFICATION OF THE CONSTITUTION. 



HEADQUARTERS SUB-DISTRICT OF ARKANSAS. 

Little Rock, Ark., February 14, 1868. 
General Orders 
No. 4. 

I. Pursuant to the order of the Constitutional Convention, acting by virtue 
of Supplementary Reconstruction Act of Congress, passed March 23, 1867, and 
telegraphic authority from Headquarters 4th Military District, dated Vicks- 
burg, Miss., February 13, 1868, an election will be held in the State of Arkan- 
sas, commencing March 13, 1868, for the ratification of the Constitution 
submitted by Constitutional Convention : 

The precincts of each county will be divided, and Commissioners of Election 
organized by the appointment of three Judges and three Clerks of Election in 
the same manner as was done for the election of delegates to the Constitutional 
Convention. 

II. Fourteen days prior to the election (February 28, 1868) the registration 
precinct books will be opened at the County-seat, and kept open five successive 
days, for the revision of the registration, in accordance with Section seventh 
(7th) of Supplementary Reconstruction Act of Congress, passed July 19, 1867. 



lx DOCUMENTARY HISTORY OF THE CONSTITUTION. 

III. Boards of Registrars will obtain the precinct books from the County 
Clerk, with whom they were deposited. 

IV. When not otherwise directed, Boards of Registrars will be governed by 
the provisions of General Orders No. 31, dated Headquarters 4th Military Dis- 
trict, Vicksburg, Miss., September 26, 1867, for elections of delegates to the 
Constitutional Convention, extracts of which are herein published for their in- 
formation : 

* # * * * * * * * 

" In order to secure as nearly as possible a full expression of the voice of the people, the 
election will be held at each precinct of every county of the State in the District, and, as re- 
quired by law, under the supervision of the County Boards of Registration. The method of 
conducting the election in each county will be as follows : Immediately upon receipt of this 
order Boards of Registrars will meet, divide the whole number of election precincts of their 
respective counties into three portions, as nearly equal in number as possible, and assign one 
of the shares thus made to each Registrar, who will be responsible for the proper conduct of 
the election therein ; whereupon each Registrar will appoint a Judge and Clerk of Election, 
who, with himself, will constitute the ' Commissioners of Election ' for all the precincts of 
his district. 

" Commencing fourteen (14) days before the election, Boards of Registrars will, after having 
given reasonable public notice of the time and place thereof, revise for a period of five (5) days 
the registration lists, and upon being satisfied that any person not entitled thereto has been 
registered, will strike the name of such person from the list, and such person shall not be 
allowed to vote. The Boards will also, during the same period, add to the registry the names 
of all persons who at that time possess the qualifications required by law, and who have not 
been already registered. 

" All changes made in the lists of registered voters will be immediately reported to these 
Headquarters." 

By command of Brevet Brig. Gen'l C. H. Smith. 

Samuel M. Mills, 

1st Lt. and Adj't 28th Infantry, A. A. A. G. 



HEADQUARTERS FOURTH MILITARY DISTRICT. 

(^Mississippi and Arkansas,) 

Vicksburg, Miss., Feb, 14, 1868. 
General Orders 
No. 7. 

The Arkansas Constitutional Convention, convened at Little Rock, Arkansas, 
pursuant to General Orders No. 37, series of 1867, from these Headquarters, 
having framed a Constitution and civil government in compliance with the laws 
of the United States, known as the " Reconstruction Acts," and having pro- 
vided for the submitting of said Constitution to the registered voters at an 
election to be ordered by the General Commanding the District, said election 
is, by authority of the above stated laws, and in accordance with the provisions 
of the Constitution, hereby ordered to be held in Arkansas, beginning the 15th 
[13th*] day of March, 1868, and continuing until completed ; at which election 

- * Correeted in official copies furnished from Hdqrs. Sub-District of Arkansas. 



MILITARY ORDERS. lxi 



the registered voters may vote for or against the ratification of the Constitu- 
tion herein mentioned. 

II. Commencing fourteen days before the election, Boards of Registrars 
will, at the county seat, or the most accessible place, after having given reason- 
able public notice of the time and place thereof, revise for a period of five days, 
the registration lists, and, upon being satisfied that any person not entitled 
thereto, has been registered, will strike the name of such person from the list, 
and such person shall not be allowed to vote. The Boards will also, during 
the same period, add to the registry the names of all persons, who at that time 
possess the qualifications required by law, and who have not been already 
registered. All changes made in the lists of registered voters will be imme- 
diately reported to these Headquarters. 

III. In order to secure as nearly as possible, a full expression of the voice of 
the people, the election will be held at each precinct of every county of the 
State of Arkansas, and — as required by law — under the supervision of the 
County Boards of registration. The method of conducting the election in 
each county will be as follows : At the meeting provided in the foregoing para- 
graph, each Board of Registrars will divide the whole number of election pre- 
cincts of their respective counties into three portions, as nearly equal in number 
as possible, and assign one of the shares thus made to each registrar, who will 
be responsible for the proper conduct of the election therein. Thereupon each 
registrar will appoint a judge and clerk of election, who, with himself, will con- 
stitute the " Commissioners of Election," for all the precincts of his district. 
Each registrar will provide himself with a ballot-box, with lock and key, and 
of sufficient size to contain the votes of all the registered voters in the largest 
precinct. Each registrar will give full and timely notice throughout his dis- 
trict, of the day of election in each precinct, so that he, with his judge and 
clerk, can proceed from precinct to precinct of his district, and hold election 
on consecutive days — when the distance between precincts will permit — with 
a view to the early completion of the voting. The election will be by ballot, 
and will be conducted in all details, not herein prescribed, according to the 
customs heretofore in use in the respective States. Each ballot will have written 
or printed upon it: "Constitution" or " Against a Constitution." Each voter, 
in offering his ballot, must exhibit his certificate of registry, across the face of 
which the clerk of election w r ill write his name in red ink, to indicate that a 
vote has been cast upon that certificate — at the same time the registrar will 
check off the voter's name on the precinct book, serving as the " poll book." 
The polls will be opened by 9 o'clock, a.m., at each precinct, and will be kept 
continuously open until sunset, at which time the polls will be closed, the bal- 
lot-box opened, votes counted by the Commissioners, and a written return 
thereof, under oath of the Commissioners, immediately made to these Head- 
quarters, in duplicate. The votes cast will then be securely enclosed, and for- 
warded, by mail, to the Acting Assistant Adjutant General at these Head- 
quarters, with a letter of transmittal, setting forth the number of votes cast 
for, and the number against a constitution, which letter will be witnessed 



lxii DOCUMENTARY HISTORY OF THE CONSTITUTION. 

by the deputy sheriff present, in accordance with the requirements of para- 
graph V of this order. 

IV. Judges and clerks of election will be selected by registrars, preferably 
from among the residents of their respective districts, but if they cannot be 
obtained therein, competent and qualified under the law, then from among the 
residents of the county, and if not attainable in the county, then from the State 
at large ; they are required to take and subscribe to the oath of office, pre- 
scribed by the Act of Congress of July 2d, 1862, which oath may be adminis- 
tered by the registrar. The oaths, properly subscribed, will be forwarded 
immediately for file in the office of the Acting Assistant Adjutant General at 
these Headquarters. 

The pay of these officers will be six (6) dollars per diem, for each day they 
are actually employed on their legitimate duties, and their actual expenses of 
transportation within their district will be reimbursed. 

V. The Sheriff of each county is made responsible for the preservation of 
good order, and the perfect freedom of the ballot at the various election pre- 
cincts in his county. To this end he will appoint a deputy — who shall be duly 
qualified under the laws of his State — for each precinct in the county, who will 
be required to be present at the place of voting during the whole time the elec- 
tion is being held. The said deputies will promptly and fully obey every de- 
mand, made upon their official services in preserving the peace and good order 
by the Commissioners of Election. Sheriffs, in making their appointments, 
will exercise great care to select men whom they know to be in every way 
able to serve. Deputies appointed in accordance with the foregoing will be 
paid five dollars for the day's service, on accounts approved by the Registrar 
out of the reconstruction fund. 

VI. As an additional measure for securing the purity of the election, each 
registrar, judge, and clerk, is hereby clothed with all the functions of a deputy 
sheriff or constable and is empowered to make arrests, and authorized to per- 
form all duties appertaining to such officers under the laws of the State, during 
the days of election. 

VII. At every precinct on the days of election, all public bar-rooms, saloons, 
or other places at which intoxicating or malt liquor is sold at retail, will be 
closed. Should any infraction of this respect, come to the knowledge of the 
Commissioners of Election, or the deputy sheriff in attendance, they will im- 
mediately cause the arrest of the offending party, or parties, and the closing of 
his, or their, place of business. All parties so arrested will be placed under 
bonds, of not less than one hundred dollars ($100), to appear for trial when 
required by proper authority, or in case of failure to give the required bond, 
will be held in arrest to await the action of the General Commanding. 

VIII. Should violence or fraud be perpetrated at the election in any precinct, 
the General Commanding will exercise to the fullest extent the powers vested 
in him for the purpose of allowing to all registered electors an opportunity 
to vote freely and fearlessly. 



PROCLAMATION OF COMMISSIONERS OF ELECTION. lxiii 

IX. No registrar, judge, or clerk, will be permitted to become a candidate 
for office at the election for which he serves as Commissioner. 

X. Such further orders as may be deemed necessary by the General Com- 
manding, upon the subject of elections for State or other officers as may have 
been provided for by the Convention, will, when the Constitution, or Ordi- 
nances of the Convention relating to the subject, shall have been received, be 
issued. 

By command of Brevet Major General Alvan C. Gillem. 

John Tyler, 
1st Lieut. 43d Inf., Bvt. Maj. U. S. A., 

Acting Assistant Adjutant General.* 



PROCLAMATION OF COMMISSIONERS OF ELECTION, 

ANNOUNCING RATIFICATION OF CONSTITUTION. 

NOTICE. 

Office State Board of Commissioners of Election, 
Little Rock, Ark., April 1, 1868. 
Whereas, At an election commenced on the 13th day of March, 1868, under 
the provisions of the Schedule to the Constitution, for the ratification or rejec- 
tion of the Constitution submitted to the people by the Arkansas Constitu- 
tional Convention ; and, 

Whereas, It appears that a majority of the votes cast voted for said Consti- 
tution : 

Therefore, By authority vested in us by said Schedule, we do hereby declare 
said Constitution ratified, and therefore in full force and effect from and 
after this date. James L. Hodges, 

Joseph Brooks, 
Thomas M. Bowen, 
State Board of Commissioners of Election. 



LETTER OF TRANSMITTAL 

FROM PRESIDENT OF THE CONVENTION 
TO PRESIDENT OF THE UNITED STATES. 

ACCOMPANYING COPT OP CONSTITUTION, AND ABSTRACT OF VOTE ON RATIFICATION THEREOF, 
AT ELECTION HELD UNDER PROVISIONS OF THE CONSTITUTION : 

Forwarded in accordance with the provisions of the same. 

Little Rock, Arkansas, April 16, 1868. 
Sir : I have the honor to transmit herewith a copy of the Constitution of the 
State of Arkansas, adopted by the Constitutional Convention of said State, in 

* To the official copies of this order, as furnished from Hdqrs. Sub-district of Arkansas, was 
appended the following note : 

The election of officers being held at separate polls, Par. IX has no application. 



lxiv DOCUMENTARY HISTORY OF THE CONSTITUTION. 

accordance with the Acts of Congress, February 11th, 1868, and adopted by 
the people of the State at an election held March 13th, 1868, for its ratification 
or rejection ; also an abstract of the votes cast at said election ; and desire that 
you lay the same before the Congress of the United States at your earliest con- 
venience, as requested by Article 8th of the Schedule to said Constitution. 
I have the honor to be, very respectfully, your obedient servant. 

Thos. M. Bowen, 
President Constitutional Convention. 
His Excellency Andrew Johnson, 

President United States. 

[Accompanying this communication, were, 1st, a certified copy of the Con- 
stitution adopted by the Convention, and, 2d, an Abstract of returns of the 
election held under provisions of the Schedule, for the ratification of the Con- 
stitution.] 



PROCEEDINGS OF GENERAL ASSEMBLY OF THE STATE 

OF ARKANSAS 

UPON THE RATIFICATION OF THE FOURTEENTH ARTICLE OF AMEND- 
MENT TO THE CONSTITUTION OF THE UNITED STATES. 

Hall of Representatives, 
Little Rock, Arkansas, April 3, 1868. 

Proceedings of Friday, April 3, 1868. 

In accordance with notice given on the previous day, Mr. Benjamin intro- 
duced the following joint resolution, which was read : 

JOINT EE SOLUTION Ratifying an Act of Congress, Approved June 16, 1866, 
and Proposed to the Legislatures of the several States for Ratification 
as an Amendment to the Constitution of the United States. 

Be it resolved by the Senate and House of Representatives of the State of Arkansas 
in Legislature assembled, that — 

Whereas, The Congress of the United States has submitted to the several 
States, for their action thereon, by an act approved June the sixteenth, (16,) 
one thousand eight hundred and sixty-six, (1866,) the following Article Four- 
teenth, (14th,) as an amendment to the Constitution of the United States, 
namely : 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United States and of the State 
wherein they reside. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United States ; nor shall 
any State deprive any person of life, liberty, or property, without due process 
of law nor deny to any person within its jurisdiction the equal protection of 
the laws. 

Sec. 2. Representatives shall be apportioned among the several States 



RATIFICATION OF AMENDMENT XIV TO CONSTITUTION U. S. lxv 

according to their respective numbers, counting the whole number of persons 
in each State, excluding Indians not taxed. But when the right to vote at any 
election for the choice of electors for President and Vice-President of the 
United States, representatives in Congress, the executive and judicial officers 
of a State, or the members of the legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty-one years of age, and citizens of 
the United States, or in any way abridged, except for participation in rebellion 
or other crime, the basis of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

Sec. 3. No person shall be a senator or representative in Congress, or elector 
of President and Vice-President, or hold any office, civil or military, under the 
United States, or under any State, who having previously taken an oath as 
a member of Congress, or as an officer of the United States, or as a member of 
any State legislature, or as an executive or judicial officer of any State, to sup- 
port the Constitution of the United States, shall have engaged in insurrection 
or rebellion against the same, or given aid or comfort to the enemies thereof. 
But Congress may, by a vote of two-thirds of each house, remove such disability. 

Sec. 4. The validity of the public debt of the United States, authorized by 
law, including debts incurred for payment of pensions and bounties for services 
in suppressing insurrection or rebellion, shall not be questioned. But neither 
the United States nor any State shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave ; but all such debts, obligations, 
and claims shall be held illegal and void. 

Sec. 5. That Congress shall have power to enforce, by appropriate legislation, 
the provisions of this article. 

Therefore, Be it resolved by the General Assembly of the State oj Arkansas : 
That the foregoing recited Article Fourteen (14) be, and the same is hereby, 
fully approved and ratified as a portion of the Constitution of the United 

States. 

On motion of Mr. Sims, the rules were suspended by a two-third vote, -and 
the Joint Resolution was placed upon its second reading ; after which it was 
engrossed and read a third time, and put upon its final passage by calling the 
yeas and nays. 

In the affirmative were : 

Messrs. Ayers, Bard, Benjamin, Belden, Brashear, Britton, Bush, Butler, 
Catterson, Chrisman, Clem, Coolidge, Cary, Davis, Dial, Divelbliss, Exon, 
Fenno, French, Furgeson, Gibson, Gray of Phillips, Grey of Jefferson, Gunther, 
Hall, Hodges of Crittenden, Hodges of Searcy, Hopper, Hufstedler, Kyle, Lee, 
May, Miller, Mitchell, Morrow, McCullough, Newell, Olive, Oliver, Owen, Pears, 
Reed, Rush, Samuels, Sims, Smith, St. John, Tobias, Upham, White, Whitson, 
Williams of Marion, Williams of Jefferson, Yoes, Vaughn, Mr. Speaker — Yeas 
56 ; Nays none. 

Mr. Hodges, of Crittenden, moved to reconsider, and that the motion lie on 
the table : which was carried. 



lxvi DOCUMENTARY HISTORY OF THE CONSTITUTION. 

United States of America, State of Arkansas : 

I hereby certify the foregoing and above to be a true, full, and complete ab- 
stract of the proceedings had in the matter of adopting the XlVth Article of 
the National Constitution, as proposed for ratification to the several States, as 
appears from the Journal of the House of Representatives. 

F. E. Wright, 

Clerk of the House. 

Senate Chamber, 
Little Rock, Arkansas, April 3, 1868. 
Upon the reassembling of the Senate, the following message from the House 
of Representatives was received : 

To the Hon. President of the Senate : 

Mr. President : I am instructed to inform the Senate that the Joint Resolu- 
tion ratifying the amendment to the Constitution of the United States, known 
as the XlVth Article, has been adopted by the House of Representatives. 

F. E. Wright, 

Clerk of House. 

On motion of Mr. Snyder, of Jefferson, the said Joint Resolution ratifying 
the Amendment to the Constitution of the United States, known as the XlVth 
Article, was introduced and read, as follows : 

Whereas, The Congress of the United States, &c, (here follows the Resolu- 
tion offered in the House.) 

Mr. Mallory moved to suspend the rules, in order that the Joint Resolution 
may be read the second and third time, and placed upon its final passage. 
The roll being called, the following Senators voted in the affirmative : 

Messrs. Belden, Baker, Hadley, Mallory, Martin, McCown, Scott, Snyder, 
Wheeler, Young, and Mr. President— 11. 

Those voting in the negative w r ere : 

Messrs. Dell, Evans, Harbison, Hunt, Keeton, Mellon, Ray, Rushing, Stephen- 
son,' Thomas, Vance — 11. 

So the motion was lost. 

On motion of Mr. Stephenson, the Senate adjourned until Monday, the sixth 
instant, at 10 o'clock, a.m. 



Monday, April 6th, 1868. 

The Journal of Friday being read and approved, the President announced 
the first business in order — second reading of the House Joint Resolution 
ratifying the XlVth Article, proposed as an amendment to the Constitution of 
the United States. The Joint Resolution was here read the second time. 

Mr. Mallory, of Jefferson, moved that the rules be suspended, and the Joint 
Resolution ratifying the constitutional amendment, known as the Fourteenth 
Article, be read the third time and placed upon its final passage. Motion being 
put, the following Senators voted in the affirmative : 



RATIFICATION OF AMENDMENT XIV TO CONSTITUTION U. S. lxvii 

Messrs. Barker, Belden, Dell, Evans, Hadley, Harbison, Hunt, Hutchinson, 
Keeton, Mallory, Martin, Mellon, McCown, Ray, Rushing, Scott, Snyder, Ste- 
phenson, Thomas, Vance, Wheeler, Young, Sarber — 23. 

All the members present voting in the affirmative, motion was unanimously 
sustained. Here the House Joint Resolution, ratifying the Fourteenth Article, 
was read the third time. 

A vote being taken, the ayes and noes being called, the following Senators 
voted in the affirmative : 

Messrs. Barker, Belden, Dell, Evans, Hadley, Harbison, Hunt, Hutchinson, 
Keeton, Mallory, Martin, Mellon, McCown, Ray, Rushing, Scott, Snyder, Ste- 
phenson, Thomas, Vance, Wheeler, Young, Sarber — 23. 

All the members present voting in the affirmative, the Resolution was unani- 
mously adopted. 



Tuesday, April 7, 1868. 
The roll having been called, and prayer offered by Chaplain Alexander, Mr. 
Mallory, of Jefferson, moved to reconsider the vote by which the Joint House 
Resolution, ratifying the XlVth Article to the Constitution of the United 
States, had been adopted by the Senate of the preceding day, and that the 
motion to reconsider be laid upon the table, which motion prevailed. Those 
voting in the affirmative were 

Messrs. Barker, Belden, Dell, Evans, Hadley, Harbison, Hunt, Hutchinson, 
Keeton, Mallory, Martin, Mellon, McCown, Ray, Rushing, Scott, Snyder, Ste- 
phenson, Thomas, Vance, Wheeler, Young, and Mr. President — 23 ; the vote 
being unanimous. 



United States of America, State of Arkansas : 

We hereby certify the above to be a true, full, and complete abstract of the 
proceedings of the Senate of Arkansas, in the matter of the adopting the Joint 
Resolution ratifying the XlVth Article of the Constitution of the United 
States, as appears from the Journal of its proceedings. 

J. W. Carhart, 

Secretary of the Senate. 
John N. Sarber, 

President pro tempore. 
Little Rock, Arkansas, April 7, A.D. 1868. 



lxviii DOCUMENTARY HISTORY OF THE CONSTITUTION. 



40th Co NG ke S s, | HOUSE OF REPRESENTATIVES. I f' ^ 

2d Session. f No. 278. 



ELECTION IN ARKANSAS. 



LETTER FROM THE GENERAL OF THE ARMY, 

In answer to a Resolution of the House of the 2d instant, trans- 
mitting Major General A. C. Gillem's report of the 
recent election in arkansas, under the 
Reconstruction Laws. 



May 4, 1868. — Referred to the Committee on Reconstruction, and letter ordered to be printed. 
May 7, 1868. — Ordered that the accompanying papers be printed. 

Headquarters Army of the United States, 
Washington, May 4, 1868. 
Sir : I have the honor to acknowledge the receipt of resolution of the House 
of Representatives of the 2d instant, directing me to communicate a statement 
of the number of votes cast for, and against, the State Constitution, at the re- 
cent election in Arkansas ; and, in answer thereto, I respectfully submit, here- 
with, Brevet Major General A. C. Gillem's report of said election, and accom- 
panying documents, which contain the information called for. 

Very respectfully, 

Your ob'd't servant, 

U. S. Grant, 

General. 
Hon. Schuyler Colfax, 

Speaker of the House of Representatives. 



[ i- ] 

Headquarters Fourth Military District, 
(Mississippi and Arkansas,) 
Vicksburg, Mississippi, April 22, 1868. 

General : I have the honor to submit the following report of the election 
held in the State of Arkansas, on the adoption of the Constitution framed by 
the Convention assembled in accordance with the acts usually known as the 
Military Reconstruction Laws. 

When I assumed command of the Fourth Military District, January 9, 1868, 
in compliance with General Orders No. 104, from Headquarters of the Army, 
1867, the Constitutional Convention of Arkansas was in session ; and shortly 
after my arrival, a messenger (Hon. Asa Hodges, a member of the Convention) 
arrived, bearing a resolution of the Convention, requesting me to authorize the 
State Treasurer to advance seventy-five thousand dollars (175,000) to defray 
the expenses of the Convention. The act of March 23, 1867, making it im- 
perative that the Convention should " provide for the levy and collection of 



REPORT OF DISTRICT COMMANDER, ON RATIFICATION, lxix 

such taxes on the property, in the State, as may be necessary to carry into 
effect the purposes of this act," I authorized the State Treasurer to advance 
fifty thousand dollars (-$50,000), to be replaced when the tax levied in compli- 
ance with the above section, should be collected. In taking this action, I had 
two motives in view : first, to facilitate the transaction of the business for 
which the Convention was called together; secondly, to extend the time 
allowed for the collection of the tax, and thereby render it less burdensome to 
the people, already greatly impoverished. 

In connection with this subject, attention is respectfully invited to the cor- 
respondence herewith accompanying, and marked Appendix A, Nos. 1, 2, 3, 
4, 5, 6, 7, and 8, as explanatory of my action in the premises. 

In order to avoid delay in holding the election on the Constitution, framed 
by the Convention, early in February I directed instructions to be prepared 
for General Smith, commanding Sub-District of Arkansas, as to the manner of 
conducting the election. These instructions (see Appendix B, No. 4) were 
forwarded by mail, to General Smith, on the 12th of February. On the same 
day a telegram was received from General Smith (Appendix B, No. 5), inform- 
ing me that the Constitution and Election Ordinance had been adopted by the 
Convention on the 11th of February, and that March the 15th had been fixed 
upon as the day for the beginning of the election in which it was to be sub- 
mitted to the people. 

Fearing that the limited time allowed would be insufficient to enable me to 
make the necessary arrangements for securing a thorough and impartial ex- 
pression of the will of the people, General Smith was telegraphed (see Ap- 
pendix B, No. 6) to know if the time could not be extended a few days. In 
reply, General Smith informed me (see Appendix B, No. 7) that the time for 
holding the election was fixed by the Constitution itself, and therefore could 
not be changed. Instructions were at once issued by telegraph (see Appendix 
B, No. 9, to which especial attention is called,) directing General Smith to use 
every exertion in organizing the boards of registration for revision of the regis- 
tration, provided for in Section 7, of the Act of July 19, 1867, and holding the 
election provided for in Section 5, March 23, 1867. 

For information as to the manner in which these orders were carried out, 
attention is invited to the letter of General Smith, of February 14, (Appendix 
B, No. 14), and his instructions, (Appendix B, No. 15.) 

On the 14th of February, General Orders No. 7, from Headquarters Fourth 
Military District, providing for the submission of the Constitution to the regis- 
tered voters of Arkansas, was issued, for a copy of which see Appendix B, 16. 
It will be seen by this order, paragraph 9, that " no Registrar, Judge, or Clerk, 
will be permitted to become a candidate for office at the election for which he 
served as Commissioner." Attention is invited to this paragraph from the fact 
that fraud is charged on account of some of the Commissioners of Election 
having been candidates for State and county offices, (see Appendix B, No. 29,) 
the elections for which were held at separate and distinct polls, the proceed- 
ings at which were not under the control of the Registrars (see Appendix B, 
No. 20) ; and in fact, it would have been difficult to have found men, of the 
necessary qualifications, to act as officers of the election, and who could have 
taken the required oath. 



lxx DOCUMENTARY HISTORY OF THE CONSTITUTION. 

Application was made to have the time allowed for the revision of the regis- 
tration extended beyond the five days prescribed by law ; but considering the 
law imperative, the registration was limited to five days (see Appendix B, 
No. 32.) 

Complaint having been made that the troops, and Agents of the Bureau, 
would be used to influence voters, I ordered that while the troops should be 
held in readiness to enforce order or suppress violence, they should not be 
placed in the immediate vicinity of the polls. 

On the 18th of March the election began, as provided for by the Constitu- 
tion and election Ordinance. On the afternoon of the 14th inst., the following 
telegram was received from the General-in-chief : 

Washington, D. C, March 13, 1868. 
The last amendatory act passed is now law. It provides that majority of 
votes actually cast, determines adoption or rejection of Constitution ; also, that 
the electors may at the same time vote for members of Congress, and all the 
elective officers provided for bv said Constitution. 

U. S. Grant. 
Major General A. C. Gillem. 

The Convention having provided for the election of State and county officers, 
separate from those held on the ratification of the Constitution, and by voters 
other than those qualified under the Reconstruction Act, the second paragraph 
of the above dispatch could not affect the election conducted under the orders 
of the District Commander in Arkansas. 

The election was held as ordered ; but owing to the irregularities of the mail 
facilities, or other means of communication, the returns were not all received 
until to-day, April 22d, although every endeavor has been made to obtain them 
at an earlier day, and to that end special messengers and the telegraph have 
been liberally used. 

The following table shows the vote as received from the Registrars : 

[Here follows an abstract of the returns of the election, under the Act of 
Congress, and in accordance with the provisions of the Ordinance appended to 
the Constitution for ratification of the Constitution. The table shows the 
vote as follows : 

For Constitution, . . . . . 27,913 

Against Constitution, .... 26,597 

Total vote, . . ' . . . . 54,510 

Total number of registered voters, . 73,784 

Majority for Constitution, . . . 1,316] 

It will be perceived by the foregoing table, that there were cast for the Con- 
stitution, twenty-seven thousand nine hundred and thirteen (27,913) ; against 
the Constitution, twenty-six thousand five hundred and ninety-seven (26,597) ; 
total, fifty-four thousand five hundred and ten (54,510) ; majority for the Con- 
stitution, one thousand three hundred and sixteen (1,316). 

Had the election been conducted in strict compliance with General Order No. 
7, and the result been indicated by the above figures, the adoption of the Con- 
stitution would have been indisputable ; but an examination of the foregoing 



REPORT OF DISTRICT COMMANDER, ON RATIFICATION, lxxi 

table of returns shows that in Pulaski County the total vote exceeds the total 
number registered by one thousand one hundred and ninety-five (1195). This 
is explained by the Registrars, who admit that they permitted persons regis- 
tered in other counties to vote on the presentation of their certificates of regis- 
tration, and without taking their names, or the counties and precincts in which 
they claim to. be registered ; nor did the officers conducting the election in this 
(Pulaski) County, comply with Par. Ill, General Order No. 7, from these 
Headquarters, providing for the manner of conducting the election, by " check- 
ing off the voter's name on the precinct-book serving as the poll-book." It is 
therefore impossible to ascertain the number or names of the registered voters 
in Pulaski County who availed themselves of the right of franchise, and there- 
fore impossible to ascertain the number in excess of eleven hundred and 
ninety-five (1195) who voted in that county, and who were registered in other 
places. It is also impossible to ascertain whether or not these persons had 
voted where registered. 

The same irregularities occurred in Jefferson County, where seven hundred 
and thirty (730) votes were cast by voters claiming to be registered in other 
counties or precincts. 

Of these votes, eleven hundred and ninety-five (1195) in Pulaski, and seven 
hundred and thirty (730) in Jefferson — making a total of one thousand nine 
hundred and twenty-five (1925) — there is no means of ascertaining whether 
they were cast for or against the Constitution. 

Prior to the Act of Congress passed March 11, 1868, and which was pro- 
mulgated in General Order No. 14, from the War Department, dated March 14, 
1868, there was no law or order in existence permitting voters registered in 
one county or precinct, to vote in any other county or precinct. The Act 
above referred to authorizes " any person duly registered in the State to vote 
in the election district where he offers to vote, when he has resided therein for 
ten days next preceding such election, upon his presentation of his certificate 
of registration, his affidavit, or other satisfactory evidence, under such regula- 
tions as the district commander may prescribe." 

The order containing this law was not received until after the election ; and 
the despatch from the General-in-chief containing no intimation of this pro- 
vision, I was unaware of the existence of the law, and therefore prescribed no 
regulations for persons voting at other precincts than those in which they 
registered. 

It appears from the report of Col. J. E. Tourtelotte (see Appendix C, No. 1, 
to which special attention is invited) that the Registrars in Pulaski, Jefferson, 
and Washington Counties, learning unofficially of this law, determined, on 
their own responsibility, to receive the votes of persons registered in other 
counties. 

Col. Tourtelotte was ordered to Little Rock for the purpose of investigating 
the frauds alleged by those opposed to the Constitution, and was informed, by 
the parties preferring the charges, that at least six weeks would elapse before 
they could be ready to proceed with the investigation, and that months would 
be required to complete them. Such delay was not deemed expedient. All 
the evidence bearing on the subject, is transmitted herewith. 

As there was no separate record kept of the 1925 votes cast in Pulaski and 



lxxii DOCUMENTARY HISTORY OF THE CONSTITUTION. 

Jefferson Counties, by persons not registered in those Counties, there are no 
means of ascertaining whether or not they were cast for or against the Con- 
stitution; and, therefore, if the reception of these votes, by the Registrars, 
under a law, of the existence of which they had no legal notification, is held 
not to invalidate the election in the two Counties above-named, the Constitu- 
tion appears to have been adopted by a majority of 1316. 

Each party charges the other with frauds. Those opposed to the Constitu- 
tion asserting that a large number of the votes cast in Pulaski, Jefferson, and 
Washington Counties, were by unauthorized persons, and, in some instances, 
that the same persons were permitted to vote several times. These in favor 
of the Constitution charge that force and intimidation was used to prevent 
legal voters from attending the polls ; and that, in one instance, — that of Union 
County, — armed parties were stationed on the roads for that purpose. For 
evidence on the -subject of frauds, attention is invited to Appendix C, herewith 
transmitted. 

In a question of such importance, and one purely civil, in which the action 
to be taken by the District Commander is not prescribed by Section 5 of the 
Act of March, 23, 1867, I have determined to forward the entire record for the 
action of the proper authority. 

I am, General, 

Very respectfully, 
Your ob't serv't, 

Alvan C. Gillem, 

Brevet Maj. Gen. U. S. A. 
Commanding Fourth Military District. 

General U. S. Grant, 

Commanding; Armies of the United States. 



[The papers appended to this Report, consisting of an undigested mass of 
letters, telegrams, etc., extending to great length, and conflicting in their 
nature, it has not been thought necessary to publish any of them, except the 
General Orders issued, which appear in their proper place. The contents of 
these papers are sufficiently referred to in the body of the Report.] 



ADMISSION OF THE STATE 

TO REPRESENTATION IN CONGRESS. 

.A. 1ST .A. G T 

To ADMIT THE STATE OF ARKANSAS TO REPRESENTATION IN CONGRESS. 

Whereas, The people of Arkansas, in pursuance of the provisions of an act 
entitled " An Act for the more efficient government of the Rebel States," 
passed March second, eighteen hundred and sixty-seven, and the acts supple- 



ADMISSION OF THE STATE. lxxiii 

mentary thereto, have framed and adopted a Constitution of State Government, 
which is republican, and the Legislature of said State has duly ratified the 
amendment to the Constitution of the United States proposed by the Thirty- 
ninth Congress, and known as Article Fourteen : Therefore, 

Be it enacted by the Senate and 'House of Representatives of the United States 
of America, in Congress assembled, That the State of Arkansas is entitled and 
admitted to representation in Congress, as one of the States of the Union, upon 
the following fundamental condition : That the Constitution of Arkansas shall 
never be so amended or changed as to deprive any citizen or class of citizens, 
of the United States, of the right to vote, who are entitled to vote by the Con- 
stitution herein recognized, except as a punishment for such crimes as are now 
felonies at common law, whereof they shall have been duly convicted, under 
laws equally applicable to all the inhabitants of said State : Provided, that any 
alteration of said Constitution, prospective in its effect, may be made in regard 
to the time and place of residence of voters. 

[The foregoing Act of Congress was passed June 8th, 1868 ; and was re- 
turned, by the President of the United States, to the House of Representa- 
tives, in Avhich it originated, with his objections, embodied in the following 
Message.] 



MESSAGE OF THE PRESIDENT OF THE UNITED STATES, 

RETURNING BILL (H. R. NO. 1039) " TO ADMIT THE STATE OE ARKANSAS TO 
REPRESENTATION IN CONGRESS," WITH HIS OBJECTIONS THERETO. 

June 20, 1868. — Read, and ordered to be printed. 

To the Souse of Representatives : 

I return, without my signature, a bill entitled " An act to admit the State 
of Arkansas to representation in Congress." 

The approval of this bill would be an admission, on the part of the Execu- 
tive, that the " Act for the more efficient government of the rebel States," 
passed March 2, 1867, and the acts supplementary thereto, were proper and 
constitutional. My opinion, however, in reference to those measures, has 
undergone no change, but, on the contrary, has been strengthened by the 
results which have attended their execution. Even were this not the case, I 
could not consent to a bill which is based upon the assumption either that, by 
an act of rebellion of a portion of its people, the State of Arkansas seceded 
from the Union, or that Congress may, at its pleasure, expel or exclude a State 
from the Union, or interrupt its relations with the government, by arbitrarily 
depriving it of representation in the Senate and House of Representatives. If 
Arkansas is a State not in the Union, this bill does not admit it as a State into 
the Union. If, on the other hand, Arkansas is a State in the Union, no legis- 
lation is necessary to declare it entitled " to representation in Congress as one 
of the States of the Union." The Constitution already declares that " each 

10 



lxxiv DOCUMENTARY HISTORY OF THE CONSTITUTION. 

State shall have at least one representative;" that the Senate " shall be com 
posed of two Senators from each State ; and " that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate." That instrument also 
makes each house " the judge of the elections, returns, and qualifications of its 
own members ; and therefore all that is now necessary to restore Arkansas in 
all its constitutional relations to the government, is a decision by each house 
upon the eligibility of those who, presenting their credentials, claim seats in 
the respective houses of Congress. This is the plain and simple plan of the 
Constitution ; and believing that had it been pursued when Congress assem- 
bled in the month of December, 1865, the restoration of the States would long 
since have been completed, I once again earnestly recommend that it be 
adopted by each house, in preference to legislation which I respectfully submit 
is not only of at least doubtful constitutionality, and therefore unwise and 
dangerous as a precedent, but is unnecessary, not so effective in its operation 
as the mode prescribed by the Constitution, involves additional delay, and from 
its terms may be taken rather as applicable to a Territory about to be admit- 
ted as one of the United States, than to a State which has occupied a place in 
the Union for upwards of a quarter of a century. 

The bill declares the State of Arkansas " entitled and admitted to represen- 
tation in Congress as one of the States of the Union, upon the following funda- 
mental condition : 

" That the constitution of Arkansas shall never be so amended or changed 
as to deprive any citizen or class of citizens of the United States of the right 
to vote who are entitled to vote by the constitution herein recognized, except 
as a punishment for such crimes as are now felonies at common law, whereof 
they shall have been duly convicted under laws equally applicable to all the 
inhabitants of said State : Provided, Tliat any alteration of said constitution, 
prospective in its effect, may be made in regard to the time and place of resi- 
dence of voters." 

I have been unable to find in the Constitution of the United States any war- 
rant for the exercise of the authority thus claimed by Congress. In assuming 
the power to impose a " fundamental condition " upon a State which has 
been duly " admitted into the Union upon an equal footing with the original 
States in all respects whatever," Congress asserts a right to enter a State as it 
may a Territory, and to regulate the highest prerogative of a free people — the 
elective franchise. This question is reserved by the Constitution to the States 
themselves, and to concede to Congress the power to regulate this subject, 
would be to reverse the fundamental principle of the republic, and to place in 
the hands of the federal government, which is the creature of the States, the 
sovereignty which justly belongs to the States or the people, the true source 
of all political power, by whom our federal system was created, and to whose 
will it is subordinate. 

The bill fails to provide in what manner the State of Arkansas is to signify 
its acceptance of the " fundamental condition " which Congress endeavors to 
make unalterable and irrevocable. Nor does it prescribe the penalty to be 
imposed should the people of the State amend or change the particular portions 



VETO MESSAGE OF BILL OF ADMISSION OF THE STATE, lxxv 

of the constitution which it is one of the purposes of the bill to perpetuate, but 
as to the consequence of such action leaves them in uncertainty and doubt. 
When the circumstances under which this constitution has been brought to 
the attention of Congress are considered, it is not unreasonable to suppose 
that efforts will be made to modify its provisions, and especially those in re- 
spect to which this measure prohibits any alteration. It is seriously ques- 
tioned whether the constitution has been ratified by a majority of the persons 
who, under the Act of March 2, 1867, and the acts supplementary thereto, 
were entitled to registration and to vote upon that issue. Section ten of the 
schedule provides that " no person disqualified from voting or registering under 
this constitution shall vote for candidates for any office, nor shall be permitted 
to vote for the ratification or rejection of the constitution at the polls herein 
authorized." Assumed to be in force before its adoption, in disregard of the 
law of Congress, the constitution undertakes to impose upon the elector other 
and further conditions. The fifth section of the eighth article provides that 
" all persons, before registering or voting," must take and subscribe an oath, 
which, among others, contains the following clause : " That I accept the civil 
and political equality of all men, and agree not to attempt to deprive any 
person or persons on account of race, color, or previous condition, of any po- 
litical or civil right, privilege, or immunity enjoyed by any other class of men." 
It is well known that a very large portion of the electors in all the States, if 
not a large majority of all of them, do not believe in or accept the political 
equality of Indians, Mongolians, or negroes, with the race to which they be- 
long. If the voters in many of the States of the north and west were re- 
quired to take such an oath as a test of their qualification, there is reason to 
believe that a majority of them would remain from the polls rather than 
comply with its degrading conditions. How far and to what extent this test 
oath prevented the registration of those who were qualified under the laws of 
Congress, it is not possible to know ; but that such was its effect, at least suffi- 
cient to overcome the small and doubtful majority in favor of this constitution, 
there can be no reasonable doubt. Should the people of Arkansas, therefore, 
desiring to regulate the elective franchise so as to make it conform to the con- 
stitutions of a large proportion of the States of the north and west, modify 
the provisions referred to in the " fundamental condition," what is to be the 
consequence ? Is it intended that a denial of representation shall follow ? 
And if so, may we not dread, at some future day, a recurrence of the troubles 
which have so long agitated the country ? Would it not be the part of wisdom 
to take for our guide the federal Constitution, rather than resort to measures 
which, looking only to the present, may in a few years renew, in an aggra- 
vated form, the strife and bitterness caused by legislation which has proved 
to be so ill-timed and unfortunate ? 

Andrew Johnson. 
Washington, D. C, June 20, 1868. 

[The two Houses of Congress proceeding, upon the receipt of the above 
Message, to reconsider the Act admitting the State to representation in Con- 
gress, it was resolved, by the House of Representatives, June 20th, and by the 
Senate, June 22d, 1868, two-thirds of each House agreeing, that the Bill pass ; 
and it thereupon became a law.] 



CONSTITUTION OF ARKANSAS. 



SYLLABUS. 



CONSTITUTION OF ARKANSAS. 



ARTICLE I. 



BILL OF EIGHTS. 



Section 

1. Source of political power. — Object of govern- 

ment. — Right of reform. — Paramount alle- 
giance due to Federal Government. — Powers 
of Federal Government to maintain itself. 

2. Liberty of the press and of speech. — Libel. 

3. Equality of all persons before the law. 

4. Right of public assembly, of instruction to 

representatives, and of petition. 

5. Right to bear arms. 

6. Trial by jmy. 

7. Excessive bail and fines, cruel punishments 

and detention of witnesses, prohibited. 

8. Rights of accused, in criminal prosecutions. 

9. No person to be held to answer for crime, but 

on presentment or indictment. — Exceptions. 
— No person to be twice put in jeopardy of 
life or liberty, for the same offence. — Or com- 
pelled to be witness against himself. — Secu- 
rity for life, liberty, and property.— Right to 
bail. — Habeas corpus. 

10. Redress of injuries and wrongs. 

11. Treason. 

12. Security against unreasonable searches and 

seizures. 

13. Attainder, laws ex post facto, impairing con- 

tracts, etc., prohibited. 

14. Imprisonment for debt prohibited. — Property 

exemption. 

15. Private property taken for public use. 

16. Military subordinate to civil power. — Standing 

army. — Quartering of troops. 

17. State may sue and be sued. 

18. Equality of privileges and immunities. 

19. Protection of right of suffrage. 

20. Rights of foreign-born residents. 

21. Religious test and property qualification pro- 

hibited. — Mode of administering oath or 
affirmation. 

22. Duelling. 

23. Religious liberty.— Education. 

24. Tenure of lands. — Leases and grants of land 

for more than twenty-one years. 

25. Action of Convention of 1861, null and void. — 

Exceptions. 



ARTICLE II. 

BOUNDARIES. 

Boundaries of the State. 

ARTICLE III. 
Seat of government. 

ARTICLE IV. 

SECTION 

1. Departments of government. 

2. Separation of departments of government. 

ARTICLE V. 



LEGISLATIVE DEPARTMENT. 

General Assembly. 

Times of meeting. 

House of Representatives. 

Qualifications of Representatives. 

Senate. 

Qualifications of Senators. 

Number of Senators and Representatives. 

Census. — Apportionment. 

Election of Senators. — Senatorial districts. — 
Term of Senators. 

Removal of residence of Senators and Repre- 
sentatives. 

Persons ineligible to General Assembly. 

Privileges of Senators and Representatives. 

Quorum. 

Powers of each House. — Expulsion of mem- 
bers. 

State printing. 

Journal. — Yeas and nays.— Protests. 

Mode of elections, etc., in General Assembly. 

Proceedings to be public. — Adjournments. 

Bills — where to originate. 

Appropriations. 

Passage of bills and joint resolutions. 

Acts to embrace but one subject each. — Public 
acts— when to take effect. 

Revision and amendment of laws. 

Introduction of bills during last three days of 
session. 

Registration of electors. — Frauds in elections. 

Publication of statutes. — And judicial decis- 
ions. 

( lxxix ) 



CONSTITUTION OF ARKANSAS. 



Section 

27. Style of laws. 

28. County, township, and precinct governments. 

29. Penal code. 

30. Change of venue in penal prosecutions. 

31. Appeals in penal cases. — Challenge of jurors. 

32. Selection of juries. 

33. Vacancies in General Assembly. 

34. Vacancies in office. 

35. Bills and concurrent resolutions to be presented 

to Governor, for approval. — Proceedings 
after veto. — Bill not returned within three 
days to become a law. — Approval of acts 
passed during last three days of session. 

36. Power of each House to imprison for con- 

tempt. 

37. Disfranchisement.— Slavery and involuntary 

servitude, prohibited. — Except for crime. 

38. Compensation, by State, for emancipated 

slaves, prohibited. 

39. Divorces, change of names, sale of estates of 

infants, etc. 

40. Conveyance of real estate — alteration of roads. 

41. Lotteries prohibited. 

42. Compensation and mileage, in case of contested 

election. 

43. Holders of public moneys, in arrears, ineligi- 

ble to Legislature, or to office. 

44. Eegulation of jurisdiction and proceedings in 

law and equity. 

45. Suits by and against the State. 

46. Maintenance of paupers. 

47. Limitation of powers of municipal corpora- 

tions. 

48. Corporations. 

49. Cities and incorporated villages. 

50. Banking corporations. 

51. Final adjournment. 

ARTICLE VI. 

EXECUTIVE DEPARTMENT. 

1. Executive officers.— Term of office.— How cho- 

sen. 

2. Governor. 

3. Qualifications of Governor and Lieutenant 

Governor. 

4. Case of tie, in election for Governor and Lieu- 

tenant Governor. — Governor to be Com- 
mander-in-Chief. — May require information 
from officers of Executive Department. 

5. Execution of the laws. 

6. Extra sessions of Legislature. 

7. Messages to General Assembly. 

8. Power to convoke General Assembly elsewhere 

than at seat of government. 

9. Pardoning power. — Reprieve in cases of trea- 

son. — Information concerning each case of 
pardon, etc., to be communicated to General 
Assembly. 
10. Impeachment, disability, etc., of Governor. 

( lxxx ) 



Section 

11. Resignation, etc., of Lieutenant Governor, 

during vacancy in office of Governor. 

12. Duties of Lieutenant Governor. 

13. Persons ineligible to office of Governor. 

14. Compensation of acting Governor. 

15. Official acts of Governor to be authenticated 

by Great Seal of the State. 

16. Notaries Public. 

17. Commissions. 

18. Governor, Chief Justice, etc., to reside at seat 

of government. — Public records to be there 
kept. 

Returns of elections for officers of Executive 
Department. — Case of tie. — Contested elec- 
tions. 

Duties of Secretary of State. 

21. Duties of other officers of Executive Depart- 

ment. 

22. Death or disability of Secretary of State, etc. 

23. Commissioner of Public Works and Internal 

Improvements. — Duties. — Salary. 

Compensation of officers of Executive Depart- 
ment. 

Officers of Executive Department, and Judges 
of Supreme Court, ineligible to elective 
offices, during term for which chosen. 

Returns of elections. 



19 



20 



24 



25 



26 



ARTICLE VII. 



JUDICIARY. 



Judicial power, where vested. 

Impeachments. — Trial. — Judgment. 

Terms of Supreme Court. — Justices of Supreme 
Court. — Term of office. 

Jurisdiction of Supreme Court. 

Inferior Courts. — Appointment of Judges. — 
Term of office. 

Style of process and indictments. 

Interest, consanguinity, etc., to disqualify 
Judge from presiding at trial. 

Special Judges for Supreme Court. 

Special Judges for inferior courts. 

Exchange of circuits. 

Instructions to juries. — Findings in trials by 
the Court. 

Qualifications of Judges. 

Compensation. 

Terms of inferior courts. 

Appeals. 

Vacancies in office of Judge. 

Courts of Record. 

Clerk and Reporter of Supreme Court. — Decis- 
ions. — Term of office of Clerk and Reporter. 

County Clerks. 

Justices of the Peace. — Their jurisdiction. 

Suitors may act in proper person or by attorney. 

Competency of witnesses. — Judges to be con- 
servators of the peace. 



SYLLABUS. 



ARTICLE VIII. 



FRANCHISE. 



Section 

1. Elections to be by ballot. 

2. Qualifications of electors.— Soldiers, sailors, and 

marines. 

3. Classes disfranchised, viz.: — 1st, Persons who, 

after oath of allegiance, or giving bonds for 
loyalty, encouraged rebellion. — 2d, Persons 
disfranchised in other States. — 3d, Persons 
who, during rebellion, violated rules of civil- 
ized warfare. — 4th. Persons disqualified by 
proposed 14th Amendment to Constitution of 
U. S., or Reconstruction Acts. — 5th, Persons 
guilty of certain crimes.— 6th, Idiots and 
insane. — Persons in first four classes, sup-" 
porting reconstruction, relieved from disa- 
bilities. 

4. General Assembly may remove disabilities of 

first four classes.— Except of such as may 
oppose reconstruction. 

5. Oath of registration.— Penalties of perjury com- 

mitted in taking oaths prescribed by Consti- 
tution. 

6. Privilege of electors. 

7. Intoxicating liquors at elections. 

ARTICLE IX. 

EDUCATION. 

1. Common-school system. — Distribution of school- 

funds. 

2. Supervision of public schools. — Salary and du- 

ties of Superintendent of Public Instruc- 
tion. 

3. State University. 

4. School-Fund, how formed.— Poll-tax for School- 

Fund. — School-Fund to be inviolate. 

5. Investment of School-Fund. 

6. Three months' session of school, annually, pre- 

scribed. — Education of children, to be made 
obligator}'. 

7. Deficiency in School-Fund to be supplied by tax. 

8. County school-funds. 

9. Taxation for erection and furnishing of school - 

houses. 



ARTICLE X. 

FINANCES, TAXATION, PUBLIC DEBT, AND 
EXPENDITURES. 

1. Poll-tax not to be levied, but for school pur- 

poses. 

2. Taxation. — Public property, etc., exempt. — Ap- 

praisements. — Exemption of personal property 
from taxation. 

3. Property employed in banking, to bear its equal 

burden of taxation. 

4. Revenue. 

5. Levy of taxes. 

6. Loan of State or county credit. 

7. Accounts of State and county officers. 

11 



Section 

8. Disbursements. 

9. State may contract debts to supply deficits in 

revenue. 

10. State may contract debts to repel invasion, etc. 

— To redeem outstanding indebtedness. 

11. Sinking-Fund. 

12. Commissioners of the Sinking-Fund. 

13. Commissioners of the Sinking-Fund to report to 

General Assembly. 

14. Payment of State debt. 

15. Proceeds of lands donated for school purposes. 

16. Assumption, by the State, of debts of corpora- 

tions. 

17. Taxation of occupations, etc. 

ARTICLE XI. 

MILITIA. 

1. Persons liable to military duty. — Exemption on 

grounds of conscience. 

2. Organization of militia. ? 

3. Governor to be Commander-in-Chief. 

ARTICLE XII. 

EXEMPTED PROPERTY. 

1. Exemption of personal property from seizure 

for debt. 

2. Homestead of head of family not to be encum- 

bered. — Except for taxes, mechanics' liens, 
and purchase-money. 

3. Homestead exemption. 

4. Homestead exemption for benefit of widow. 

5. Homestead exemption for benefit of children 

during minority. 

6. Separate property of female. 

ARTICLE XIII. 

AMENDMENTS TO THE CONSTITUTION. 

1 Amendments to Constitution, how originated. — 
To be referred to succeeding Legislature. — 
Published.— And submitted to the people. 

2. Separate ratification of each amendment. 

ARTICLE XIV. 

APPORTIONMENTS. 

1. Congressional Districts. 

2. Senatorial and Representative Districts. — Ap- 

portionment of Senators and Representa- 
tives. 

ARTICLE XV. 

MISCELLANEOUS PROVISIONS. 

1. Constitution to be deposited in office of Secre- 

tary of State. — Copy to be transmitted to 
President of U. S. 

2. Appointment, duties, etc., of officers, in cases 

not otherwise provided for. 

3. Time of holding general elections. — Term of 

officers chosen at first election. 



( lxxxi ) 



SYLLABUS, 



Section 

4. Municipal elections for 1868. 

5. Township and precinct offices vacated. — To be 

filled by appointment of Governor, until pro- 
vision, by General Assembl}', for election. 

6. Prosecuting Attorneys. — Term of office. 

7. Compensation of Senators and Representatives. 

8. Mileage. 

9. Compensation of officers, in what funds pay- 

able. 

10. Funds set apart for special purposes. 

11. Codification of Statutes.— Code of practice. — 

Compensation of the codifiers. 

12. Minimum limits of counties. 

13. Indentures of persons, executed out of State, or 

for more than one year, invalid: Except in 
cases of apprenticeship of minors. 

14. Contracts for purchase of slaves, invalid. 

15. Great Seal of the State. 

16. Private seals abolished. — Retention of existing 

laws. — Vested rights not to be impaired. 

17. Oath of office. 

18. Term of officers to expire Jan. 1, 1873, unless 

otherwise provided. 

19. Members and officers of Convention not pre- 

cluded from holding office. 

20. Electors, only, to sit on juries. 

21. Laws regulating rate of interest. 

22. Oaths of Judges and Clerks of Election.— Ad- 

ministration of the oath to Judges and 
Clerks of Election. — To electors. — Judges 
of Election to act as conservators of the 



peace. 



SCHEDULE. 



1. First election for Representatives in Congress, 
State and County officers, and General As- 
sembly : And election for submission of Con- 
stitution to the people. 

2. Who may vote thereat. 

3. Style of ballot, etc. 

4. Board of Commissioners of the election. — The 

Commissioners may appoint Judges and 
Clerks of the election.— Times and places of 
the election. 

5. Returns of the election. 



Section 

6. The Commissioners to decide contested elections 

for State offices and General Assembly. — 
But may refer contested elections for General 
Assembly, to that body. — To appoint Judges 
and Clerks of municipal elections.— Returns 
of municipal elections. 

7. The Commissioners to appoint Boards for de- 

cision of contested county elections. 

8. May review election on ratification of Constitu- 

tion. 

9. The Commissioners to declare result of election 

on ratification. — President of Convention to 
transmit copy of Constitution, with abstract 
of vote thereon, to President U. S.— Constitu- 
tion to take effect upon ratification. 

10. Persons disfranchised under Constitution, dis- 

qualified from voting at polls herein author- 
rized. — Officers elected, when to enter upon 
their duties. 

11. Prior incumbents to vacate their offices. 

12. Qualifications of voters at the election, how de- 

cided. 

13. Case of candidacy of Commissioner. 

14. Vacancy in Board of Commissioners. 

15. Sale or gift of intoxicating liquor during the 

election, prohibited. — Penalty. 

16. The Commissioners to provide poll-books, etc. — 

Compensation of Judges and Clerks of the 
election. 

17. Compensation of the Commissioners. — Other 

expenses under Schedule, how paid. 

ORDINANCE 

PROVIDING FOR ELECTION UNDER ACT OF 
CONGRESS. 

1. Registered voter may vote upon ratification, in 

any county where he may be at time of the 
election. 

2. Style of ballot.— No vote for officers to be 

polled at election in this Ordinance provided 
for. 

3. Times and places of the election to be desig- 

nated by Board of Commissioners. 

4. Secrecy of the ballot to be inviolate. 



( lxxxii ) 



THE 



CONSTITUTION 



OF THE 



STATE OF ARKANSAS, 

AS ADOPTED BY THE CONVENTION 

FEBRUARY 11th, 1868. 



Preamble, 

We, the people of Arkansas, grateful to God for our civil Preamble. 
and religious liberty and desiring to perpetuate its blessings and 
secure the same to ourselves and our posterity, do ordain and 
establish this Constitution : 

ARTICLE I. 

Bill of Rights. 

Section One. All political power is inherent in the peo- source of politi- 
cal power. 

pie. Government is instituted for the protection, security object of gov- 

x r y J ernment. 

and benefit of the people, and they have the right to alter Right of reform. 

or reform the same whenever the public good may require 

it. But the paramount allegiance of every citizen is due Paramount ai- 

x o «/ legiance due to 

to the Federal Government in the exercise of all its Con- ™m7L Gov " 
stitutional powers as the same may have been or may be 
defined by the Supreme Court of the United States ; and 
no power exists in the people of this or any other State 



2 CONSTITUTION OF THE [Art. 1. 

of the Federal Union to dissolve their connection there- 

with, or perform any act tending to impair, subvert or 

resist the supreme authority of the United States. The 

Powers of Fede- Constitution of the United States confers full powers on the 

ral Government x 

seif. maintain it_ Federal Government to maintain and perpetuate its ex- 
istence, and whensoever any portion of the States, or the 
people thereof, attempt to secede from the Federal Union, 
or forcibly resist the execution of its laws, the Federal 
Government may, by warrant of the Constitution, employ 
armed force in compelling obedience to its authority. 

Liberty of the Section Two. The liberty of the press shall forever 

press and of 

speech. remain inviolate. The free communication of thoughts 

and opinions is one of the invaluable rights of man, and 
all persons may freely speak, write and publish their sen- 
timents on all subjects, being responsible for the abuse of 

Libel. such right. In all criminal prosecutions for libel, the 

truth may be given in evidence to the jury, and if it shall 
appear to the jury, that the matter charged as libelous is 
true, and was published with good motives, and for justi- 
fiable ends, the party shall be acquitted. 

E e q rsons ty °before Section Three. The equality of all persons before the 

the law. ] aw j g rec0 gnized and shall ever remain inviolate ; nor 

shall any citizen ever be deprived of any right, privilege, 

or immunity, nor exempted from any burden or duty, on 

account of race, color, or previous condition. 

Right of pub- Section Four. The citizens have a right, in a peace- 
he assembly, of ° ' A 

repreTentatives* a ^ e manner ? t° assemble together for their common good, 
and of petition. ^ instruct their representatives and to petition for the 

redress of grievances, and other proper purposes. 
Right to bear Section Five. The citizens of this State shall have the 

arms. 

right to keep and bear arms for their common defense. 
Trial by jury. Section Six. The right of trial by jury shall remain 

inviolate and shall extend to all cases at law without 
regard to the amount in controversy; but a jury trial may 



Art. 1.] STATE OF ARKANSAS. 3 

be waived by the parties in all cases, in the manner pre- 
scribed by law. 

Section Seven. Excessive bail shall not be required, Excessive bail 

* ' and fines, cruel 

nor shall excessive fines be imposed; nor shall cruel or Hf Mention of 

unusual punishments be inflicted ; nor witnesses be un- hiiS. 63 ' pr ° 

reasonably detained. 

Section Eight. In all criminal prosecutions the ac- Rights of ac- 
cused, in crim- 

cused shall enjoy the right to a speedy and public trial j?jjj s P rose ™- 
by an impartial jury of the county or judicial district 
wherein the crime shall have been committed — which 
county or district shall have been previously ascertained 
by law — and to be informed of the nature and cause of 
the accusation against him ; to have compulsory process 
for obtaining witnesses in his favor ; and to have the as- 
sistance of counsel in his defense. 

Section Nine. No person shall be held to answer a No person to be 

x held to answer 

criminal offense unless on the presentment or indictment f ™ p^ntment 
of a grand jury, except in cases of impeachment, or in n™*™^™ 1 ' 
cases of petit larceny, assault, assault and battery, affray, 
vagrancy and such other minor cases as the General As- 
sembly shall make cognizable by Justices of the Peace ; or 
arising in the army or navy of the United States, or in 
the militia when in actual service in time of war or public 
danger ; and no person after having been once acquitted No . P erson to be 
by a jury, for the same offense, shall be again put in £^"5^.^ ^ 
jeopardy of life or liberty ; but if, in any criminal prose- f e nse: Same 
cution, the jury be divided in opinion, the court before 
which the trial shall be had may in its discretion dis- 
charge the jury and commit or bail the accused for trial 
at the same or the next term of said court : nor shall any Or compelled to 

^ be witness 

person be compelled in any criminal case to be a witness a s ainst himself - 
against himself ; nor be deprived of life, liberty or prop- security for life, 
erty, without due process of law. All persons shall, be- g«^ to bail 
fore conviction, be bailable by sufficient sureties, except 
for capital offenses — murder and treason — when the proof 



4 CONSTITUTION OF THE [Art. 1. 

Habeas corpus, is evident or the presumption great ; and the privilege of 
the writ of habeas corpus shall not be suspended unless 
when in cases of rebellion or invasion the public safety 
may require. 

Redress of inju- Section Ten. Every person is entitled to a certain 

nes and wrongs. J L 

remedy in the laws for all injuries or wrongs which he 
may receive in his person, property or character ; he ought 
to obtain justice freely and without purchase ; completely 
and without denial ; promptly and without delay ; con- 
formably to the laws. 

Treason. Section Eleven. Treason against the State shall only 

consist in levying war against the same, or in adhering 
to its enemies, giving them aid and comfort. No person 
shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in 
open court. 

Se^ity^against Section Twelve. The right of the people to be secure 

sefzuiS and i* 1 their persons, houses, papers and effects against un- 
reasonable searches and seizures, shall not be violated, 
and no warrant shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing 
the place to be searched and the person or things to be 
seized. 

Attainder, laws Section Thirteen. No bill of attainder, ex post facto 

ex post facto, im- 

u-acts^ etc c °ro- ^ aw > nor an y * aw i m P a i rm g ^ ne obligation of contracts, 
shall ever be passed ; and no conviction shall work cor- 
ruption of blood or forfeiture of estate. 

imprisonment Section Fourteen. No person shall be imprisoned for 

for debt prohib- 

^ed- debt in this State ; but this shall not prevent the General 

Assembly from providing for imprisonment or holding to 
bail persons charged with fraud in contracting said debt. 

Proper^ ex- A reasonable amount of property shall be exempt from 

emption. 

seizure or sale for the payment of debts or liabilities. 
Private proper- Section Fifteen. Private property shall not be taken 

i y taken for pub- 
lic use. f or p UD ii c use without just compensation therefor. 



Art. 1.] STATE OF ARKANSAS. 5 

Section Sixteen. The military shall be subordinate to Military subor- 
dinate to civil 

the civil power. No standing army shall be kept up in power - 

Standing army. 

this State in time of peace, and no soldier shall in time Quartering of 

* troops. 

of peace be quartered in any house, without the consent 
of the owner, nor in time of war but in a manner pre- 
scribed by law. 
Section Seventeen. Suits may be brought by or against Sta ^ may sue 

** c J ° and be sued. 

the State in such manner and in such courts as may be 

by law provided. 

Section Eighteen. The General Assembly shall not Equality of priv- 
ileges and mi- 
grant to any citizen or class of citizens, privileges or im- munMes. 

munities, which upon the same terms shall not equally 

belong to all citizens. 

Section Nineteen. The right of suffrage shall be pro- Protection of 

° ° r right of suf- 

tected by laws regulating elections, and prohibiting under frage * 
adequate penalties all undue influence from bribery, tu- 
mult, or other improper conduct. 

Section Twenty. Foreigners who are, or may become, Rights of for- 
eign-bom resi- 

hona fide residents of this State, shall be secured the same dents - 
rights in respect to the acquisition, possession, enjoyment 
and descent of property as are secured to native born 
citizens. 

Section Twenty one. No religious test or amount of Religious test 

. . • and property 

property shall ever be required as a qualification for any qualification, 
office of public trust under the State. No religious test 
or amount of property shall ever be required as a qualifi- 
cation of any voter at any election in this State ; nor shall . 
any person be rendered incompetent to give evidence in 
any court of law or equity in consequence of his opinion 
upon the subject of religion; and the mode of adminis- Mode of admin- 

* istering oath or 

tering an oath or affirmation shall be such as shall be most affirmation. 
consistent with, and binding upon the conscience of the 
person to whom such oath or affirmation may be admin- 
istered. 

Section Twenty two. Any person who shall, after the Duelling. 



6 CONSTITUTION OF THE [Art. 1. 

adoption of this Constitution, fight a duel or send or ac- 
cept a challenge for that purpose, or be aider or abettor 
in fighting a duel, either within this State or elsewhere, 
shall thereby be deprived of the right of holding any 
office of honor or profit in this State, and shall be forever 
disqualified from voting at any election, and shall be pun- 
ished otherwise in such manner as may be prescribed by 
law. 

Religious liber- Section Twenty three. Religion, morality and knowl- 
edge being essential to good government, the General As- 
sembly shall pass suitable laws to protect every religious 
denomination in the peaceable enjoyment of its own mode 

Education. f public worship ; and to encourage schools and the means 
of instruction. 

Tenure of lands. Section Twenty four. All lands in this State are de- 
clared to be allodial, and feudal tenures of every descrip- 

Leases and tion, with all their incidents, are prohibited. Leases and 

grants of land 

twentv° r n ^ g ran ts °f l an d f° r a l° n g er period than twenty-one years, 
years. hereafter made, in which shall be reserved any rent or 

service of any kind, shall be held a conveyance in fee to 

the lessee. 
Action of con- Section Twenty five. The action of the Convention of 

vention of 1861, 

nuii and void, ^q State of Arkansas, which assembled in the city of 
Little Rock on the fourth (4th) day of March, A. D. one 
thousand eight hundred and sixty one (1861), was, and 
is null and void. All the action of the State of Arkansas 
under the authority of said Convention, of its Ordinances 
or its Constitution, whether legislative, executive, judicial 
or military, was, and is hereby declared null and void ; 
and no debt or liability of the State of Arkansas incurred 
by the action of said Convention, or of the General As- 
sembly, or any department of the government under the 
authority of either, shall ever be recognized as obligatory ; 

Exceptions. Provided, that this Ordinance shall not be so construed as 
to affect the rights of private individuals arising under 



Art. 2.] STATE OF ARKANSAS. 

contracts between the parties, or to change county bound- 
aries or county seats, or to make invalid the acts of Jus- 
tices of the Peace, or other officers in their authority to 
administer oaths or take and certify the acknowledgment 
of deeds of conveyance, or other instruments of writing, 
or in the solemnization of marriage. 



ARTICLE II. 

Boundaries. 
We do declare and establish, ratify and confirm, the Boundaries of 

' J ' the State. 

following as the permanent boundaries of said State of 
Arkansas, that is to say : Beginning at the middle of the 
main channel of the Mississippi River, on the parallel 
of thirty-six (36) degrees north latitude ; running from 
thence west, with the said parallel of latitude, to the 
Saint Francis river ; thence up the middle of the main 
channel of said river to the parallel of thirty-six (36) de- 
grees thirty (30) minutes north ; from thence west with the 
boundary line of the State of Missouri to the south west 
corner of that State ; and thence to be bounded on the 
west to the north bank of Red river as by Acts of Con- 
gress and Treaties heretofore defining the western limits 
of the Territory of Arkansas ; and to be bounded on the 
south side of Red river by the boundary line of the State 
of Texas to the north west corner of the State of Louisi- 
ana; thence east with the Louisiana State line to the 
middle of the main channel of the Mississippi river; 
thence up the middle of the main channel of said river, 
including an island in said river known as " Belle Point 
Island " to the thirty-sixth (36th) degree of north latitude 
— the place of beginning. 



8 CONSTITUTION OF THE [Arts. 3, 4, 5. 

AKTICLE III. 

Seat of govern- The seat of government shall be at Little Rock, where 
it is now established. 



ARTICLE IV. 

Departments of Section One. The pow r ers of government are divided 

government. x <~> 

into three departments — the Legislative, the Executive, 
and the Judicial. 
separation of Section Two. No person belonging; to one department 

departments of x ° ° A 

government. sna ll exercise the powers properly belonging to another, 
excepting in the cases expressly provided in this Consti- 
tution. 



ARTICLE Y. 

Legislative Department. 

General Assem- Section One. The legislative power in this State shall - 
be vested in a General Assembly, which shall consist of a 
Senate and a House of Representatives. 

Times of meet- Section Two. The General Assembly shall meet every 

ing. 

two years, on the first Monday of January, at the seat 
of Government, until altered by law ; but the first Gen- 
eral Assembly elected after the adoption of this Consti- 
tution shall meet on the second (2nd) day of April, A. D. 
one thousand eight hundred and sixty eight (1868). 

House of Repre- Section Three. The House of Representatives shall 
consist of members chosen every second year by the 
qualified electors of the several districts. 

Qualifications Section Four. No person shall be a member of the 

Representa- jj ouge f Representatives who shall not have attained the 



ot 
tives 



Art. 5.] STATE OF ARKANSAS. 9 

age of twenty-one years, and have been one year a resi- 
dent of this State, who shall not be a male citizen of the 
United States, who shall not, at the time of his election, 
have an actual residence in the district he may be chosen 
to represent, and who shall not be a qualified elector as 
provided in this Constitution. 

Section Five. The Senate shall consist of members senate. 
chosen every fourth year by the qualified electors of the 
several districts. 

Section Six. No person shall be a member of the Sen- Qualifications of 
ate who shall not have attained the age of twenty-five 
years, and have been one year a resident of this State, 
who shall not be a male citizen of the United States, who 
shall not, at the time of his election, have an actual resi- 
dence in the district he may be chosen to represent, and 
who shall not be a qualified elector as provided in this 
Constitution. 

Section Seven. The number of members composing Nllm ber of sen- 
the Senate shall be twenty- six (26), and of the House of resentatives. 
Eepresentatives eighty-two (82). 

Section Eight. The General Assembly shall provide by census. 
law for an enumeration of the inhabitants of this State in 
the year one thousand eight hundred and seventy-five 
(1875), and every tenth (10th) year thereafter; and the Apportionment. 
first General Assembly elected after each enumeration so 
made, and also after each enumeration made by the au- 
thority of the United States, may re-arrange the Sena- 
torial and Eepresentative districts according to the num- 
ber of inhabitants as ascertained by such enumeration ; 
Provided, That there shall be no apportionment other than 
that made in this Constitution, until after the enumera- 
tion to be made in the year one thousand eight hundred 
and seventy-five (1875). 

Section Nine. Senators shall be chosen at the same Election of sen- 
time and in the same manner that members of the House 



10 CONSTITUTION OF THE [Art. 5. 

Senatorial dis- of Kepresentatives are required to be. Senatorial dis- 
tricts. x x 

tricts shall be composed of convenient contiguous terri- 
tory, and no Representative district shall be divided in 
the formation of a Senatorial one. The Senatorial dis- 
Term of Sena- tricts shall be numbered in regular series, and the term 

tors. 

of Senators chosen for the districts designated by odd 
numbers shall expire in two (2) years, and the term of 
Senators chosen for the districts designated by even num- 
bers shall expire in four (4) years ; but thereafter Senators 
shall be chosen for the term of four (4) years, excepting 
when an enumeration of the inhabitants of the State is 
made, in which case, if a re-arrangement of the Senatorial 
districts is made, when the regulation above stated shall 
govern the term of office. 
Eemovai of resi- Section Ten. Removals of Senators and Representa- 

dence of Sena- e . .,.. 

tors and Repre- tives from their respective districts shall be deemed a 

sentatives. 

vacation of their office. 
Persons ineiigi- Section Eleven. No person holding any office under 

ble to General 

Assembly. the United States, or this State, or any county office, ex- 
cepting Postmasters, Notaries Public, Officers of the Mili- 
tia, and township Officers, shall be eligible to, or have a 
seat in either branch of the General Assembly, and all 
votes given for any such person shall be void. 

Privileges of Section Twelve. Senators and Representatives shall, 

Senators and . 

Representa- m all cases, (treason, felony, or breach of the peace ex- 

tives. v 

cepted,) be privileged from arrest during the session of 
the General Assembly. They shall not be subject to any 
civil process during the session of the General Assembly, 
or for fifteen days next before the commencement, and 
next after the termination of each session. And they 
shall not be questioned in any other place for remarks 
made in either House. 
Quorum. Section Thirteen. A majority of the members of each 

House shall constitute a quorum to transact business, but 
a smaller number may adjourn from day to day, and com- 



Art. 5.] STATE OF ARKANSAS. 11 

pel the attendance of absent members in such manner and 
under such penalties as each House may prescribe. 

Section Fourteen. Each House shall choose its own Powers of each 

House. 

officers, determine the rules of its proceedings, judge of 
the qualifications, election and return of its members; 
and may, with the concurrence of two-thirds of all the Expulsion of 

members. 

members elected, expel a member ; but no member shall 
be expelled a second time for the same cause, nor for any 
cause known to his constituents at the time of his election. 
The reasons for any such expulsion shall be entered upon 
the Journal, with the names of the members voting 
thereon. 

Section Fifteen. The General Assembly shall prescribe state printing. 
by law the manner in which the State printing shall be 
executed, and the accounts rendered therefor, and shall 
prohibit all charges for constructive labor. They shall 
not rescind or alter any contract for such printing, or 
release the person or persons taking the same, or his or 
their securities, from the performance of any of the pro- 
visions of such contract. 

Section Sixteen. Each House shall keep a Journal of Journal, 
its proceedings, and publish the same, excepting such parts 
as may require secrecy. The yeas and nays of the mem- Yeas and nays. 
bers of either House, upon any question, shall be entered 
on the Journal at the request of five members. Any Protests. 
member of either House may dissent, and protest against 
any act, proceeding or resolution which he may deem in- 
jurious to any person or the public, and have the reason 
of his dissent entered on the Journal. 

Section Seventeen. In all elections by either House, or Mode of elec- 
tions, etc., in 
in joint convention, the votes shall be given viva voce. General Assem- 

All votes on nominations to the Senate shall be taken by 
yeas and nays, and published with the Journal of its pro- 
ceedings. 

Section Eighteen. The doors of each House shall be Proceedings to 

be public. 



12 CONSTITUTION OF THE [Art. 5. 

Adjournments, open, unless the public welfare requires secrecy. Neither 
House shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than where 
the General Assembly may then be in session. 

Bills -where to Section Nineteen. Bills may originate in either 

originate. 

House of the General Assembly, but all bills for raising 
revenue shall originate in the House of Representatives, 
though the Senate may propose amendments, as on other 
bills. 

Appropriations. Section Twenty. No portion of the public funds or 
property shall ever be appropriated by virtue of any 
resolution. No appropriation shall be made except by a 
bill duly passed for that purpose. 

Passage of bills Section Twenty one. Every bill and joint resolution 

and joint reso- _ . 

lutions. shall be read three times, on different days, m each 

House, before the final passage thereof, unless two thirds 
of the House where the same is pending shall dispense 
with the rules. No bill or joint resolution shall become 
a law without the concurrence of a majority of all the 
members voting. On the final passage of all bills the 
vote shall be taken by yeas and nays, and entered on the 
Journal. 

Acts to embrace Section Twenty two. No act shall embrace more than 

but one subject 

each. one subject, which shall be embraced in its title. No 

Public acts — ° ? 

effect t0 take P ublic act sha11 take effect or be in force until ninety (90) 
days from the expiration of the session at which the same 
is passed, unless it is otherwise provided in the act. 

Revision and Section Twenty three. No law shall be revised, altered 

amendment of n ••-ii-ii 

laws. or amended, by reference to its title only, but the act 

revised, and the section or sections of the act as altered 
or amended shall be enacted and published at length. 

introduction of Section Twenty four. No new bill shall be introduced 

bids during last 

three days of ses- [^q either House during the last three days of the session 

sion. ° * 

without the unanimous consent of the House in which it 
originated. 



Art. 5.] STATE OF ARKANSAS. 13 

Section Twenty five. The General Assembly, at its Registration of 

electors. 

first session, shall provide suitable laws for the registra- 
tion of qualified electors, and for the prevention of frauds Frauds in eiec- 

u 7 * tions. 

in elections. 

Section Twenty six. The General Assembly shall pro- Publication of 

* *• statutes : 

vide for the speedy publication of all statute laws of a 

public nature, and of such judicial decisions as it may An . d J udicial ' de - 

1 7 ° J cisions. 

deem expedient. All laws and judicial decisions shall be 

free for publication by any person. 

Section Twenty seven. The style of the laws of the style of laws. 

State shall be " Be it enacted by the General Assembly of 

the State of Arkansas." 

Section Twenty eight. The General Assembly may County, town- 
ship, and pre- 

enact laws providing for county, township or precinct ^ fc ts govem- 
governments. 

Section Twenty nine. It shall be the duty of the Gen- Penal code. 
eral Assembly, from time to time, as circumstances may 
require, to frame and adopt a penal code, founded on 
principles of reformation. 

Section Thirty. The General Assembly shall not change of venue 

in penal prose- 

change the venue in any criminal or penal prosecution, cutions - 

but shall provide for the same by general laws. 

Section Thirty one. The General Assembly may pass Appeals in pe- 
nal cases. 

laws authorizing appeals in criminal or penal cases, and challenge of 

m jurors. 

regulating the right of challenge of jurors therein. 

Section Thirty two. The General Assembly shall di- selection of ju- 
ries. 

rect by law when and how juries shall be selected from 
judicial districts in criminal and civil cases. 

Section Thirty three. The General Assembly shall Vacancies - in 

•* General Assem- 

regulate by law by whom and in what manner, writs of hly - 
election shall be issued to fill the vacancies which may 
happen in either branch thereof. 

Section Thirty four. The General Assembly may de- J c a e cancies ' m of ~ 
clare the cases in which any office shall be deemed vacant? 
and also for the manner of filling the vacancy, where 



14 CONSTITUTION OF THE [Art. 5. 

no provision is made for that purpose in this Constitu- 
tion. 
Bins and con- Section Thirty five. Every bill and concurrent resolu- 

current resolu- , 

tions to be pre- tion, except of adjournment, passed by the General As- 

provai. f ° r ap " sem bly? sna U be presented to the Governor for approval 

before it becomes a law. If he approve, he shall sign it ; 

Proceedings af- if not, he shall return it with his objections to the House 

ter veto. 

in which it originated, which shall enter the objections at 
large upon its Journal, and reconsider it. On such recon- 
sideration, if a majority of the members elected agree to 
pass the bill, it shall be sent with the objections to the 
other House, by which it shall be reconsidered. If ap- 
proved by a majority of the members elected to that 
House, it shall become a law. In such cases the vote of 
both Houses shall be determined by yeas and nays, and 
the names of the members voting for and against the bill 
shall be entered on the Journal of each House respectively. 
Bui not return- If any bill be not returned by the Governor within three 

ed within three 

a a ia W t0 become (3) days (Sundays excepted) after it has been presented 
to him, the same shall become a law in like manner as if 
he ' had signed it, unless the General Assembly, by their 
adjournment, prevent its return, in which case it shall 

Approval of acts no t become a law. The Governor may approve, sign and 

passed during J L L ■» o 

ofsess^T days file in the office of the Secretary of State, within three (3) 
days after the adjournment of the General Assembly, any 
act passed during the last three (3) days of the session, 
and the same shall become a law. 

Power of each Section Thirty six. Each House may punish by im- 

House to lm- */ r J 

tempt. f ° r ° on prisonment, during its session, any person not a member, 
who shall be guilty of any disorderly or contemptuous 
behavior in their presence ; but no such imprisonment 
shall at any time exceed twenty -four (24) hours. 

Disfranchise- Section Thirty seven. No citizen of this State shall be 

merit. 

disfranchised, or deprived of any of the rights or privileges 
secured to any citizen thereof, unless the same is done by 



Art. 5.] STATE OF ARKANSAS. 15 

the law of the land, or the judgment of his peers, except 

as hereinafter provided. There shall be neither slavery slavery and in- 

A ^ voluntary servi- 

nor involuntary servitude, either by indentures, appren- *^ e ' P rohlblt - 
ticeships, or otherwise, in the State, except for the pun- ^ e e pt for 
ishment of crime, whereof the party shall have been duly 
convicted. 

Section Thirty eight. The General Assembly shall compensation, 

J by State, for 

have no power to make compensation for emancipated ^"fSib. 
slaves. ited - ' 

Section Thirty nine. The General Assembly shall Divorces, 

J change of 

have no power to grant divorces, to change the names of JJ* States sa f 
individuals, or to direct the sale of estates belonging to 
infants or other persons laboring under legal disabilities, 
by special legislation ; but, by general laws, shall confer 
such powers on the courts of justice. 

Section Forty. The General Assembly shall not au- conveyance of 

real estate — 

thorize, by private or special law, the sale or conveyance alteration of 

of any real estate belonging to any person, or vacate or 

alter any road laid out by legal authority, or any street 

in any city or village, or in any recorded town plat ; but 

shall provide for the same by general laws. 

Section Forty one. The General Assembly shall not Lotteries pro- 
hibited. 

authorize any lottery, and shall prohibit the sale of lot- 
tery tickets. 

Section Forty two. In case of a contested election, only compensation 

and mileage, in 

the claimant decided entitled to the seat, in either House case. °f. contest- 
ed election. 

in which the contest may take place, shall receive from 

the State per diem compensation and mileage. 

Section Forty three. No collector, holder, or disburser Holders of pub- 
lic moneys, in 

of public moneys shall have a seat in the General As- arrears, ineiigi- 

c J ble to Legisla- 

sembly, or be eligible to any office of trust or profit under ture ' or t0 office - 
this State, until he shall have accounted for, and paid 
over, as provided by law, all sums for which he is liable. , 

Section Forty four. The General Assembly shall Regulation of 

•s jurisdiction and 

have power to alter and regulate the jurisdiction and P^ c ^ n f q s uity m 



16 CONSTITUTION OF THE [Art. 5. 

proceedings in law and equity, subject to the provisions 
of this Constitution. 
Suits by and Section Forty five. The General Assembly shall di- 

agamst the ^ 

state. rec £ -fay j aw j n wna t manner and in what courts suits may 

be brought by and against the State. 
Maintenance of Section Forty six. It shall be the duty of the General 

paupers. J 

Assembly to make adequate provision for the maintenance 
of paupers throughout the State. 
Limitation of Section Forty seven. The General Assembly shall not 

powers of mu- ^ 

Sons. al corpora " have power to authorize any municipal corporation to pass 
any laws contrary to the general laws of the State, or to 
levy any tax on real or personal property to a greater ex- 
tent than two (2) per centum of the assessed value of 
the same. 

Corporations. Section Forty eight. The General Assembly shall pass 

no special act conferring corporate powers. Corporations 
may be formed under general laws ; but all such laws 
may, from time to time, be altered or repealed. Dues 
from corporations shall be secured by such individual 
liability of the stockholders, and other means, as may be 
prescribed by law ; but, in all cases each stockholder 
shall be liable over and above the stock by him or her 
owned, and any amount unpaid thereon, to a farther 
sum, at least equal in amount to such stock. The prop- 
erty of corporations, now existing or hereafter created, 
shall forever be subject to taxation, the same as the prop- 
erty of individuals. No right of way shall be appropri- 
ated to the use of any corporation until full compensation 
therefor shall be first made in money, or first secured by 
a deposit of money, to the owner, irrespective of any 
benefit from any improvement proposed by such corpora- 
tion; which compensation shall be ascertained by a jury 
of twelve men, in a Court of Record, as shall be pre- 
scribed by law. 

cwporated in "vii- Section Forty nine. The General Assembly shall pro- 

lages. 



Art. 6.] STATE OF ARKANSAS. 17 

vide for the organization of cities and incorporated vil- 
lages by general laws, and restrict their power of taxa- 
tion, assessment, borrowing money, contracting debts, 
and loaning their credit, so as to prevent the abuse of 
such power. 

Section Fifty. All corporations with banking and dis- f*£oll g corpo * 
counting privileges, shall, preparatory to issuing bills as 
currency, deposit the bonds of this State, equal in amount 
to the capital stock of such corporation, with the Auditor 
of the State, who shall not permit an issue of circulation, 
exceeding eighty per centum of the amount of bonds 
so deposited, such circulation being receivable for all taxes 
and dues to the State, and the individual liability of stock- 
holders shall be as hereinbefore directed ; Provided, That 
corporations chartered or existing under any act of the 
Congress of the United States shall be exempted from 
these provisions. 

Section Fifty one. The General Assembly, on the day Final adjourn- 

1/7 J merit. 

of final adjournment, shall adjourn at twelve o'clock at 
noon. 



ARTICLE VI 

Executive Department. 
Section one. The Executive Department of this State Executive om- 

■»■ cers. 

shall consist of a Governor, Lieutenant Governor, Secre- 
tary of State, Auditor, Treasurer, Attorney General and 
Superintendent of Public Instruction — all of whom shall Term of office. 
hold their several offices for the term of four years and 
until their successors are elected and qualified. They How chosen. 
shall be chosen by the qualified electors of this State at 
the time and places of choosing the members of the Gen- 
eral Assembly. 



18 CONSTITUTION OF THE [Art. 6. 

Governor. Section Two. The supreme executive power of this 

State shall be vested in the Governor. 
Qualifications of Section Three. No person shall be eligible to the office 

Governor and ° 

Governor? °f Governor or Lieutenant Governor who shall not have 
attained the age of twenty-five years, who shall not have 
been five years a citizen of the United States, who shall 
not, at the time of his election, have had an actual resi- 
dence in this State for one year next preceding his elec- 
tion, and who shall not be a qualified elector as prescribed 
in this Constitution. 

case of tie, in Section Four. In elections for Governor and Lieuten- 

election for Gov- 
ernor and Lieu- an t Governor, the person having the highest number of 

nor * votes shall be declared elected. But in case that two 

or more persons shall have an equal, and the highest 
number of votes for Governor or Lieutenant Governor, 
the General Assembly shall, by joint vote, choose one of 

Governor to be such persons. The Governor shall be Commander-in- 

Commander-in- 

CMef. Chief of the military and naval forces of the State, and 

may call out such forces to execute the laws, suppress in- 
surrections, repel invasions, or preserve the public peace. 
He shall transact all necessary business with other officers 

May require in- of the State Government, and may require information in 

formation from . . 

officers of Exe- writing of the officers of the Executive Department upon 

cutive Depart- ° L L 

ment. anv su bject pertaining to the duties of their respective 

offices. 
Execution of the Section Five. It shall be the duty of the Governor to 

see that the laws are faithfully executed. 
Extra sessions Section Six. He may convene the Legislature on ex- 

of Legislature. 

traordinary occasions. 
Messages to Section Seven. He shall give to the General Assembly, 

General Assem- 

biy. and at the close of his official term, to the next General 

Assembly information by Message, concerning the condi- 
tion of the State, and recommend such means to their 
consideration as he may deem expedient. 



Art. 6.] STATE OF ARKANSAS. 19 

Section Eight. He may convene the General Assembly Power to con- 

J J vokc General 

at some other place when the seat of government becomes ^ n e e ™ bl [ han elS a* t 
dangerous from the prevalence of disease, or the presence ment.° f govern " 
of a common enemy. 

Section Nine. He may grant reprieves, pardons and p*^° ning J ' 
commutations after conviction for all offenses, except 
treason and cases of impeachment, upon such conditions 
and with such restrictions and limitations as he may think 
proper ; subject, however, to such regulations as may be 
prescribed by law relative to the manner of applying for 
pardons. Upon conviction for treason he may suspend Reprieve in 

x l J x cases of trea- 

execution of the sentence until the matter shall be re- son - 
ported to the General Assembly at its next session, when 
the General Assembly shall either pardon, commute the 
sentence, direct the execution of the same or grant a fur- 
ther reprieve. The Governor shall communicate to the information 

concerning each 

General Assembly at each session, information concern- c f se of pardon, 

J 7 etc., to be com- 

i n i * i. x* x J municated to 

mg each case of pardon, reprieve or commutation granted, General Assem- 
and the reasons therefor. 

Section Ten. In case of the impeachment of the Gov- impeachment, 

disability, etc., 

ernor, his removal from office, death, resignation, inability of Governor. 
or removal from the State, the powers and duties of the 
Governor shall devolve upon the Lieutenant Governor 
during the residue of the term or until the disabilities of 
the Governor are removed. 

Section Eleven. During a vacancy in the office of Gov- Resignation, 

° J etc., of Lieut. 

ernor, if the Lieutenant Governor resign, be impeached, £g Ve ™°5ncy d 7n 
displaced, absent from the State or incapable of acting, ™ r ° e ° f °° ver 
the President pro tempore of the Senate, shall act as Gov- 
ernor until the vacancy be filled, or the disability cease. 

Section Twelve. The Lieutenant Governor shall, by Duties of Lieu- 
tenant Gover- 



virtue of his office, be President of the Senate, and 
when there is an equal division he shall give the cast- 
ing vote. 



nor. 



20 CONSTITUTION OF THE [Art. 6. 

Persons ineiigi- Section Thirteen. No member of Congress or any other 

ble to office or ° ^ 

Governor. person holding any office under the United States or this 

State, shall execute the office of Governor. 
Compensation Section Fourteen. The Lieutenant Governor, and the 

of acting Gov- 
ernor. President of the Senate pro tempore while performing the 

office of Governor, shall receive the same compensation 

as the Governor, 
official acts of Section Fifteen. All official acts of the Governor — his 
authenticated approval of the laws excepted — shall be authenticated by 

by Great Seal of rr r J 

the state. ^he g rea t Seal of the State, which Seal shall be kept by 

the Secretary of State. 
Notaries Pub- Section Sixteen. The Governor shall, by and with the 

lie. 

advice and consent of the Senate, appoint a convenient 

number of Notaries Public, not to exceed six for each 

county, who shall discharge such duties as are now, or as 

may hereafter be prescribed by law. 

Commissions. Section Seventeen. All commissions issued to persons 

holding office under the provisions of this Constitution 

shall be in the name, and by the authority of the people 

of the State of Arkansas, sealed with the great Seal of the 

State, signed by the Governor, and countersigned by the 

Secretary of State. 

Governor, chief Section Eighteen. The Governor, Chief Justice, Secre- 

reside at seat of tary of State, Treasurer, Auditor, Attorney General and 

government. 

Superintendent of Public Instruction, shall severally re- 
public records side, and keep all public records, books, papers and docu- 

to be there kept. r r ^ ^ i r^ 

ments which may pertain to their respective offices, at 
the seat of government. 
Returns of eiec- Section Nineteen. The returns of every election for 

tions for officers . 

of Executive Governor, Lieutenant Governor, Secretary of State, Treas- 

Department. 7 J 7 

urer, Auditor, Attorney General and Superintendent of 
Public Instruction, shall be sealed up and transmitted to 
the seat of government by the returning officers and di- 
rected to the presiding officer of the Senate, who, during 
the first week of the session shall open and publish the 



Art. 6.] STATE OF ARKANSAS. 21 

same in presence of the members then assembled. The 
person having the highest number of votes shall be de- 
clared elected, but if two or more shall have the highest Case of tie - 
and equal number of votes for the same office, one of 
them shall be chosen by a joint vote of both houses. 
Contested elections shall likewise be determined by both Contested eiec- 

J tions. 

houses of the General Assembly in such manner as is 
or may hereafter be prescribed by law. 

Section Twenty. The Secretary of State shall keep Duties of secre- 

J r tary of State. 

a fair record of all official acts and proceedings of the 
Governor, and shall when required lay the same and all 
papers, minutes and vouchers relative thereto, before the 
General Assembly, and shall perform such other duties as 
are now, or may hereafter be prescribed by law. 

Section Twenty one. The Auditor, Treasurer, Attorney Duties of other 

officers of Exe- 

General, and Superintendent of Public Instruction, shall ™^ e Depart- 
perform such duties as are now, or may hereafter be pre- 
scribed by law. 

Section Twenty two. In case of the death, impeach- Death ^or g disa- 
ment, removal from the State or other disability of the Jgf of State ' 
Secretary of State, Treasurer, Auditor, Attorney General, 
and Superintendent of Public Instruction, the vacancies 
in their several offices thus occasioned shall be filled by 
appointment of the Governor, which appointment shall be 
made for the unexpired terms of said officers, or until 
said disabilities are removed, or until elections are held 
to fill said vacancies. 

Section Twenty three. Until the General Assembly pS issi °works 
shall otherwise provide, the Governor shall appoint a improvements™ 
suitable person, who shall be styled Commissioner of 
Public Works and Internal Improvements, who shall 
hold his office for the term of four years, and until his 
successor is duly commissioned and qualified. It shall 
be the duty of the Commissioner of Public Works Duties. 
and Internal Improvements to superintend all public 



22 CONSTITUTION OF THE [Art. 7. 

works which may be carried on by the State, and have a 
supervising control over all internal improvements in 
which the State is interested, and, until otherwise provided 
by the General Assembly he shall be ex officio Commissioner 
of Immigration and of State Lands, and shall perform 
such other duties as may be prescribed by law. He shall 

Salary. receive for his services the same salary as provided by 

law for the Auditor of State. 

compensation Section Twenty four. The officers of the Executive 

of officers of Ex- 
ecutive Depart- Department, mentioned in this Article, shall, at stated 



ment. 



times, receive for their services a compensation to be estab- 
lished by law, which shall not be diminished during the 
period for which they shall have been elected or appointed. 
officers of Ex- Section Twenty five. The officers of the Executive 

ecutive Depart- - n 

ment, and Department and Judges of the Supreme Court shall not 

Judges of Su- l ° r 

ei r i e Tie C t°o U1 *£- ^ e e %i Die > during the period for which they may be 
hig e °term for elected or appointed to their respective offices, to any 

which chosen. .. . • n r» l i • n r» 1 

position m the girt of the qualified electors, or of the 
General Assembly of this State. 
Returns of eiec- Section Twenty six. The returns of every election for 

tions. 

State, County and Judicial officers, not herein provided 
for shall be sealed up and transmitted to the seat of Gov- 
ernment by the returning officers, and directed to the 
Secretary of State who shall open and publish the same, 
and the persons so elected shall be duly commissioned by 
the Governor. 



ARTICLE VII. 

Judiciary. 
judicial power, Section One. The Judicial power of the State shall be 

where vested. x 

vested in the Senate sitting as a Court of Impeachment, 
a Supreme Court, Circuit Courts, and such other courts 



Art. 7.] STATE OF ARKANSAS. 23 

inferior to the Supreme Court as the General Assembly 
may from time to time establish. 

Section Two. The House of Representatives shall have impeachments. 
the sole power of impeachment. All impeachments shall Trial. 
be tried by the Senate. When sitting for that purpose 
the Senators shall be upon oath or affirmation, and no 
person shall be convicted without the concurrence of two- 
thirds of the members thereof. The Chief Justice shall 
preside, and the Secretary of State shall act as Clerk of 
this Court ; Provided, that in case of the trial of either of 
them the person appointed temporarily to perform the 
duties of the office shall act. 

The Governor, and all other civil officers under this 
State, shall be liable to impeachment for any misconduct or 
maladministration of their respective offices ; but judg- Judgment. 
ment in such cases shall not extend farther than to re- 
moval from office and disqualification to hold any office 
of honor, trust, or profit, under this State. The party, 
whether convicted or acquitted, shall nevertheless be 
liable to indictment, trial and judgment according to law. 

Section Three. Two terms of the Supreme Court shall Terms of Su- 

•*■ preme Court. 

be held at the seat of government annually, provided that 
the General Assembly may provide by law for holding 
said court at three other places. The Supreme Court justices of su- 

. . . preme Court. 

shall consist of one Chief Justice, who shall be appointed 
by the Governor, by and w T ith the advice and consent of 
the Senate, for the term of eight years, and four Asso- 
ciate Justices, who shall be chosen by the qualified 
electors of the State at large for the term of eight years; Term of office. 
Provided, that two of the Associate Justices first chosen 
under this Constitution shall serve for four years after the 
next general election and two of them for eight years 
after said election, said times to be determined by lot ; 
but thereafter the Associate Justices shall be chosen for 
the full term. 



24 CONSTITUTION OF THE [Art. 7. 

jurisdiction of Section Four. The Supreme Court shall have general 

Supreme Court. L 

supervision and control over all inferior courts of law and 
equity. It shall have power to issue writs of error, super- 
sedeas, certiorari, habeas corpus, mandamus, quo-warranto, 
and other remedial writs, and to hear and determine the 
same. Final Judgments in the inferior courts may be 
brought by writ of error, or by appeal, into the Supreme 
Court in such manner as may be prescribed by law. 

inferior courts. Section Five. The inferior courts of the State as now 
constituted by law, except as hereinafter provided, shall 
remain with the same jurisdiction as they now possess ; 
Provided, that the General Assembly may provide for the 
establishment of such inferior courts, changes of jurisdic- 
tion, or abolition of existing inferior courts, as may be 

Appointment of deemed requisite. The Judges of the inferior courts 
herein provided for, or of such as may hereafter be estab- 
lished by law, shall be appointed by the Governor, by and 

Term of office, with the advice and consent of the Senate, for the term 
of six years, and until such time as the General Assembly 
may otherwise direct ; Provided, that the General Assem- 
bly shall not interfere with the term of office of any Judge. 

style of process: Section Six. All writs and other processes shall run 
in the name of the State of Arkansas, and bear teste and 
be signed by the clerks of the respective courts from which 

And indict- they issue. Indictments shall conclude " Against the 

ments. 

peace and dignity of the State of Arkansas." 
interest, con- Section Seven. No Judge shall preside on the trial of 

sanguinity, etc., 

to disqualify an y ca use in the event of which he may be interested, or 

Judge from pre- ^ * .' 

sidmg at tnai. w } iere either of the parties shall be connected with him 
by affinity or consanguinity within such degrees as may 
be prescribed by law, or in which he may have been 
counsel, or have presided in any inferior court. 

Special Judges Section Eight. In case all or any of the iud^es of the 

for Supreme J ... 

Court. Supreme Court shall be disqualified from presiding, on 



Art. 7.] STATE OF ARKANSAS. 25 

any cause or causes, the court or judges thereof shall cer- 
tify the same to the Governor of the State, and he shall 
immediately commission, specially, the required number 
of men learned in the law for the trial and determination 
thereof. 

Section Nine. Whenever at ten o'clock, a.m., of the special judges 

for inferior 

second day of any term of the inferior courts of this courts - 
State, the judge thereof is not present, or if present and 
he cannot for any cause properly preside at the trial 
of any case then pending therein, the attorneys of said 
court then present may elect a special judge, who shall 
preside during the trial of such case or cases, or shall hold 
said court until the appearance of the regular judge 
thereof. The proceedings in such cases shall be entered 
at large upon the record. 

Section Ten. The judges of the inferior courts may Exchange of cir- 
temporarily exchange circuits, or hold courts for each 
other under such regulations as may be prescribed by law. 

Section Eleven. Judges shall not charge juries with instructions to 
regard to matters of fact, but shall declare the law. In 
all trials by jury the judges shall give their instructions 
and charges in writing ; and if the trial is by the court he Findings in 

. . . . trials by the 

shall reduce to writing his findings upon the facts in the Court. 
case, and shall declare the law in the same manner he is 
required to do when instructing juries. 

Section Twelve. Any judge whose appointment or Qualifications of 

Judges. 

election is herein provided for, shall be at least twenty- 
five years of age, a qualified elector of this State, and 
shall have been for one year an actual resident of the 
State, and shall reside in the circuit or district to which 
he may be appointed or elected. 

Section Thirteen. The judges of the Supreme and in- compensation. 
ferior courts shall, at stated times, receive a compensa- 
tion for their services as is now or may hereafter be pro- 
vided by law, and which shall not be diminished during 



26 CONSTITUTION OF THE [Art. 7. 

the respective terms for which they may be elected or 
appointed. 

OTwnrtau inferi " Section Fourteen. The inferior courts shall hold an- 
nually such terms as the General Assembly may direct. 

Appeals. Section Fifteen. All appeals from inferior courts shall 

be taken in such manner and to such Courts as may be 
provided by law. Appeals may be taken from courts of 
Justices of the Peace to such Courts and in such manner 
as may be prescribed by law\ 

vacancies in of- Section Sixteen. When a vacancy occurs in the office 

nee of Judge. J 

of Judge of the Supreme, or any of the inferior Courts, it 
shall be filled by appointment of the Governor ; which 
appointee shall hold his office the residue of the unex- 
pired term, and until his successor is elected and quali- 
fied. 
Courts of rec- Section Seventeen. The Supreme Court and such other 

ord. # x 

Courts as may be established by law shall be Courts of 
record, and shall each have a common seal. 
cierk and Re- Section Eighteen. The Supreme Court shall appoint a 

porter of Su- ■.. „.',.. 

preme Court. clerk of such court, and also a reporter of its decisions. 

Decisions. The decisions of the Supreme Court shall be in writing 

and signed by the judges concurring therein. Any judge 
dissenting therefrom shall give the reasons of such dis- 
sent in writing, over his signature ; all such decisions 
shall be filed in the office of the Clerk of the Supreme 
Court, and be published in such manner as the General 

Term of office of Assembly may direct. The clerk and reporter shall hold 

porter. their respective offices for the term of six years, subject 

to removal by the Court for cause. 

county cierks. Section Nineteen. A county clerk shall be elected by 
the qualified electors in each organized county in this 
State, for the term of four years, and shall perform 
such duties, and receive such fees as are now or may 
hereafter be prescribed by law. 



Art. 7.] STATE OF ARKANSAS. 27 

Section Twenty. In each township in this State there £ usti j; es of the 
shall be elected by the qualified electors thereof two 
Justices of the Peace, who shall hold their offices for the 
term of four years ; Provided, That in such townships 
as may contain more than two hundred qualified elec- 
tors, an additional justice of the peace may be chosen. 
Justices of the Peace shall have exclusive original juris- Their junsdic- 
diction in all actions of contract and replevin where the 
amount in controversy does not exceed two hundred 
dollars, and concurrent jurisdiction with the Circuit Court 
where the amount in controversy does not exceed jiye 
hundred dollars. In criminal causes the jurisdiction of 
justices of the peace shall extend to all matters less than 
felony for final determination and judgment. 

Section Twenty one. Any suitor in any court in this Suitors may act 

in proper per- 

State shall have the right to prosecute or defend his suit ? on or h Y at - 

o -t torney. 

either in his own proper person or by attorney. 

Section Twenty two. In the courts of this State there competency of 

witnesses. 

shall be no exclusion of any witness in civil actions be- 
cause he is a party to, or is interested in the issue to be 
tried, and no person convicted of infamous crime shall be 
a competent witness in any cause, without the consent of 
both parties to the controversy ; Provided, That in actions 
by or against executors, administrators or guardians, in 
which judgment may be rendered for or against them, 
neither party shall be allowed to testify against the other 
as to any transactions with or statements to the testator, 
intestate or ward, unless called to testify thereto by the 
opposite party, or required to testify thereto by the court. 
The judges of the supreme and all inferior courts shall be judges to be 

conservators of 

conservators of the peace throughout their respective th e peace- 
jurisdictions. 



28 CONSTITUTION OF THE [Art. 8. 

ARTICLE VIII. 

Franchise. 

b le bai°iot t0 be Section One. In all elections by the people the electors 

shall vote by ballot. 
Qualifications of Section Two. Every male person born in the United 

electors. 

States, and every male person who has been naturalized, 
or has legally declared his intention to become a citizen 
of the United States, who is twenty-one years old or 
upwards, and who shall have resided in the State six 
months next preceding the election, and who at the time 
is an actual resident of the county in which he offers to 
. vote, except as hereinafter provided, shall be deemed an 
soldiers, sail- elector ; Provided, No soldier, or sailor, or marine, in the 

ors, and ma- ' J 7 7 ' 

rmes. military or naval service of the United States shall ac- 

quire a residence by reason of being stationed on duty in 
this State. 

classes disfran- Section Three. The following classes shall not be per- 

chised, viz: 

mitted to register, or vote, or hold office viz : 
ist, Persons 1st. Those who during; rebellion took the oath of allegi- 

who, after oath ° ° 

^LfnSoS for ance ? or g ave bonds for loyalty and good behavior to the 
aged Je'bemo C n. ur United States government, and afterwards gave aid, com- 
fort or countenance to those engaged in armed hostility to 
the government of the United States, either by becoming 
a soldier in the rebel army or by entering the lines of 
said army, or adhering in any way to the cause of re- 
bellion, or by accompanying any armed force belonging 
to the rebel army, or by furnishing supplies of any kind 
to the same. 
2d, Persons dis- 2nd. Those who are disqualified as electors, or from hold- 

franchised in 

other states. [ n g office in the State or States from which they came. 
3d, Persons 3d. Those persons who during the late rebellion violated 

who, during re- 
bellion, violated the rules of civilized warfare. 

rules of civd- 
ized warfare. 



Art. 8.] STATE OF ARKANSAS. 29 

4th. Those who may be disqualified by the proposed 4th, Persons 

J ^ J r r disqualified bv 

amendment to the Constitution of the United States, PJ n J eiit 14 J 
known as Article XIV, and those who have been dis- u^oXcon- 

.. nil /^ struction Acts. 

qualified from registering to vote for delegates to the Con- 
vention to frame a Constitution for the State of Arkansas, 
under the act of Congress entitled " An act to provide for 
the more efficient government of the rebel States," passed 
March 2nd, 1867, and the acts supplementary thereto. 

5th. Those who shall have been convicted of treason, sth, Persons 

' guilty of certain 

embezzlement of public funds, malfeasance in office, crimes - 
crimes punishable by law with imprisonment in the peni- 
tentiary, or bribery. 

6th. Those who are idiots or insane, 6th, idiots and 

insane. 

Provided, That all persons included in the 1st, 2nd, 3d support of re- 

' ± 7 ? construction, to 

and 4th, sub-divisions of this section, who have openly JJelTof d pereons 

t -i ii , i f> .i j j" included in first 

advocated or who nave voted for the reconstruction pro- four classes. 
posed by Congress and accept the equality of all men be- 
fore the law, shall be deemed qualified electors under this 
Constitution. 

Section Four. The General Assembly shall have the General Assem- 
bly may remove 

power by a two-thirds vote of each house, approved by {j^f" 1 ^* 8 cla ^ 

the Governor to remove the disabilities included in the ses: 

1st, 2nd, 3d and 4th sub-divisions of section three, of 

this Article when it appears that such person applying for 

relief from such disabilities, has in good faith returned to 

his allegiance to the government of the United States ; 

Provided, the General Assembly shall have no power to Except of such 

^ as may oppose 

remove the disabilities of any person embraced in the reconstruction. 
aforesaid sub-divisions who, after the adoption of this Con- 
stitution by this Convention, persists in opposing the acts 
of Congress and Reconstruction thereunder. 

Section Five. All persons before registering or voting oath of regis- 

x tration. 

must take and subscribe the following oath : "I, , do 

solemnly swear, or (affirm,) that I will support and main- 
tain the Constitution and laws of the United States, and 



30 CONSTITUTION OF THE [Art. 8. 

the Constitution and laws of the State of Arkansas ; that I 
am not excluded from registering or voting by any of the 
clauses in the first, second, third or fourth sub-divisions 
of Article VIII of the Constitution of the State of Arkan- 
sas ; that I will never countenance or aid in the secession 
of this State from the United States ; that I accept the 
civil and political equality of all men, and agree not to 
attempt to deprive any person or persons, on account of 
race, color or previous condition, of any political or civil 
right, privilege or immunity enjoyed by any other class 
of men ; and, furthermore, that I will not in any way 
injure, countenance in others any attempt to injure per- 
son or persons, on account of past or present support 
of the government of the United States, the laws of the 
United States or the principle of the political and civil 
equality of all men, or for affiliation with any political 
Penalties of per- party." Provided, That if any person shall knowingly 

jury committed 

"in taking oaths and falsely take any oath m this Constitution prescribed, 

prescribed by ^ L 

Constitution. sucn p erson so offending, and being thereof duly con- 
victed, shall be subject to the pains, penalties and dis- 
abilities, which, by law are provided for the punishment 
of the crime of wilful and corrupt perjury. 

Privilege of Section Six. Electors shall in all cases except treason, 

electors. 

felony, or breach of the peace, be privileged from arrest 
and civil process during their attendance at elections, and 
in going to and returning from the same, 
intoxicating li- Section Seven. It shall be the duty of the General As- 

quors at elec- 

sembly to enact adequate laws giving protection against 
the evils arising from the use of intoxicating liquors at 
elections. 



tions. 



Art. 9.] STATE OF ARKANSAS. 31 

ARTICLE IX. 

Education. 



Section One. A general diffusion of knowledge and in- Common -school 

° ° system. 

telligence among all classes, being essential to the pres- 
ervation of the rights and liberties of the people ; the 
General Assembly shall establish and maintain a system 
of free schools, for the gratuitous instruction of all persons 
in this State, between the ages of five and twenty-one 

years, and the funds appropriated for the support of Distribution of 
J ? i r r rr school-funds. 

common schools shall be distributed to the several coun- 
ties, in proportion to the number of children and youths 
therein between the ages of five and twenty-one years, 
in such manner as shall be prescribed by law, but no 
religious or other sect or sects shall ever have any exclu- 
sive right to, or control of any part of the school funds 
of this State. 

Section Two. The supervision of public schools shall supervision of 

x x public schools. 

be vested in a Superintendent of Public Instruction, and 
such other officers as the General Assembly shall pro- 
vide. The Superintendent of Public Instruction shall salary and du- 
ties of Superin- 

receive such salary, and perform such duties as shall be tendent of Pub- 

^ * L he Instruction. 

prescribed by law. 

Section Three. The General Assembly shall establish state univers- 
and maintain a State University, with departments for 
instruction in teaching, in agriculture, and the natural 
sciences as soon as the public school fund will permit. 

Section Four. The proceeds of all lands that have been School-Fund— 

r i how formed. 

or hereafter may be granted by the United States to this 
State, and not otherwise appropriated by the United 
States or this State, also all mines [monies?], stocks, bonds, 
lands and other property, now belonging to any fund for 
purposes of education, also the net proceeds of all sales of 
lands and other property and effects that may accrue to 



32 CONSTITUTION OF THE [Art. 9. 

this State by escheat, or from sales of estrays or from 
unclaimed dividends or distributive shares of the estates 
of deceased persons, or from fines, penalties or forfeitures, 
also any proceeds of the sales of public lands which may 
have been or may be hereafter paid over to this State 
(Congress consenting,) also the grants, gifts, or devises 
that have been or hereafter may be made to this State 
and not otherwise appropriated by the terms of the grant, 
gift or devise, shall be securely invested and sacredly pre- 
served as a public school fund, which shall be the common 
property of the State. The annual income of which fund, 
Po^-tax for together with one dollar per capita to be annually assessed 
on every male inhabitant of this State, over the age of 
twenty-one years, and so much of the ordinary annual 

School-Fund to revenue of the State as may be necessary, shall be faith- 
be inviolate. 

fully appropriated for establishing and maintaining the 
free schools and the University, in this Article provided 
for, and for no other uses or purposes whatever, 
investment of Section Five. No part of the public school fund shall 

School-Fund. 

be invested in the stocks, or bonds or other obligations 
of any State, or any County, City, town or corporation. 
The stocks belonging to any school fund or University 
fund, shall be sold in such manner, and at such times as 
the General Assembly shall prescribe, and the proceeds 
thereof, and the proceeds of the sales of any lands or 
other property which now belongs or may hereafter belong 
to said school fund may be invested in the bonds of the 
United States. 

Three months' SECTION SlX. No township Or School district Shall re- 
session Of. . 1Tl-|/»-|1 

school, annual- ceive any portion of the public school fund, unless a tree 

ly, prescribed. 

school shall have been kept therein for not less than 

three months during the year, for which distribution 

Education f thereof is made. The General Assembly shall require by 

children, to be 

made obiiga- law, that every child of sufficient mental and physical 
ability, shall attend the public schools during the period 



Art. 10.] STATE OF ARKANSAS. 33 

between the ages of five and eighteen years, for a 
term equivalent to three years unless educated by other 
means. 

Section Seven. In case the public school fund shall be Deficiency m 

School-Fund to 

insufficient to sustain a free school at least three months J e su PP ,ied b y 

tax. 

in every year in each school district in this State, the Gen- 
eral Assembly shall provide by law, for raising such de- 
ficiency by levying such tax upon all taxable property in 
each County, Township or school district as may be 
deemed proper. 

Section Eight. The General Assembly shall as far as it County school - 

funds. 

can be done without infringing upon vested rights, reduce 
all lands, monies, or other property used or held for school 
purposes in the various Counties of this State, into the 
public school fund herein provided for. 

Section Nine. Provision shall also be made, by general Taxation for 

' ° ° erection and 

laws, for raising such sum or sums of money by taxation, schoolSses^ 
or otherwise in each school district as may be necessary 
for the building and furnishing of a sufficient number of 
suitable school houses for the accommodation of all the 
pupils within the limits of the several school districts. 



ARTICLEX. 

Finances, Taxation, Public Debt and 
Expend itur.es. 

Section One. The levying of taxes by the poll is griev- Poii-tax not to 

he levied, but 

ous and oppressive ; therefore the General Assembly shall f °* school pur- 

x L ? v poses. 

never levy a poll tax excepting for school purposes. 

Section Two. Laws shall be passed taxing by a uni- Taxation. 
form rule all money credit, investments in bonds, joint 
stock companies, or otherwise ; and also all real and per- 
sonal property according to its true value in money ; but 



34 



CONSTITUTION OF THE 



[Art. 10. 



Public proper- burying grounds, public school houses, houses used exclu- 

tVj etc** Gxcrnpt* 

sively for public worship, institutions of purely public 
charity, public property used exclusively for any public 

Appraisements, purpose, shall never be taxed. Keal estate shall be ap- 
praised at least once every five years by an appraiser 
to be provided for by law, at its true value in money. 
Personal property shall be appraised in such manner as 
may be provided by law at its true value in money, but 

Exemption of the General Assembly may exempt from taxation personal 

personal prop- ^ ° A x 

erty from taxa- p r0 p er ty to the value of five hundred dollars to each 



tax payer. 

Section Three. 



The General Assembly shall provide 



Property em- 
ployed in bank- 

equai t0 buraen 'of Dv law, for taxing the notes and bills discounted or pur- 
chased, monies loaned, and all other property, effects or 
dues of every description, without deduction, of all banks 
now existing, or hereafter created, and of all bankers, so 
that all property employed in banking, shall always bear 
a burden of taxation equal to that imposed on other prop- 
erty of individuals. 

Revenue. Section Four. The General Assembly shall provide for 

raising revenue sufficient to defray the expenses of the 
State, for each year ; and also a sufficient sum to pay the 
interest on the State debt. 

Levy of taxes. Section Five. No tax shall be levied except in pur- 
suance of law ; and every law imposing a tax, shall state 
distinctly the object of the same. 

Section Six. The credit of the State or counties, shall 
never be loaned for any purpose without the consent of 
the people thereof, expressed through the ballot box. 

Section Seven. The General Assembly may require the 
exhibit of receipts and expenditures of State and county 
officers at such time and manner as may be prescribed by 
law. 

Section Eight. No money shall be paid out of the treas- 
ury, until the same shall have been appropriated by law. 



Loan of State or 
county credit. 



Accounts of 

State and coun- 
ty officers. 



Disbursements. 






Art. 10.] STATE OF ARKANSAS. 35 

Section Nine. The State may contract debts to supply state may con- 

^ a i ^ tract debts t0 

casual deficits or failures in revenues, or to meet expenses ? u pp^ deficits 

7 - 1 - m revenue. 

not otherwise provided for ; and the money arising from 
the creation of such debts shall be appropriated to the 
purpose for which it was obtained, or to pay the debt so 
contracted, and to no other. 

Section Ten. In addition to the above power, the State To re P el inva - 

x J sion, etc. 

may contract debts to repel invasion, suppress insurrec- 
tion, preserve the public peace, defend the State in time 
of war, or to redeem the present outstanding indebtedness To redeem out- 

. . standing in- 

of the State ; but the money arising from the contracting debtedness. 
of such debts shall be applied to the purpose for which it 
was raised, and no other, and all debts incurred to redeem 
the present outstanding indebtedness of the State, shall 
be so contracted as to be payable by the sinking fund 
hereinafter provided for, as the same shall accumulate. 

Section Eleven. The faith of the State being pledged sinking-Fund. 
for the payment of its debt, in order to provide therefor, 
there shall be created a sinking fund ; which shall be suf- 
ficient to pay the accruing interest on such debt, and an- 
nually to reduce the same. The said sinking fund shall 
consist of such net earnings and profits, of public institu- 
tions, bonds, stocks or other property of the State, or of 
any other funds or resources, that are or may be provided 
by law. 

Section Twelve. The Governor, Secretary of State, and commissioners 

of the sinking- 
Attorney General, are hereby created a Board of Com- Fund - 

missioners to be styled " the Commissioners of the Sink- 
ing Fund." 

Section Thirteen. The Commissioners of the Sinking Commissioners 

of the Sinking- 
Fund shall, immediately preceding each regular session Fund to report 

of the General Assembly, make an estimate of the prob. sembl y- 

able amount of the fund provided by the eleventh section 

of this Article, from all sources, except from taxation, 

and report the same, together with all their proceed- 



36 CONSTITUTION OF THE [Art. 11. 

ings relative to said fund and the public debt, and transmit 
the same to the General Assembly, and the General As- 
sembly shall make all necessary provision for raising and 
disbursing said sinking fund, in pursuance of the pro- 
visions of this Article. 

Payment of Section Fourteen. It shall be the duty of said Corn- 
state debt. 

missioners faithfully to apply in such manner as the Gen- 
eral Assembly may by law direct, said fund, together 
with all moneys that may be, by the General Assembly, 
appropriated to that object, to the payment of the interest 
as it becomes due and the redemption of the principal of 
the public debt of the State, excepting only school and 
trust funds held by the State. 
Proceeds of Section Fifteen. The principal arising from the sale of 

lands donated 

for school pur- a u i an d s donated to the State for school purposes, shall 
be paid into the Treasury, and the State shall pay interest 
thereon for the support of schools at the rate of six per 
cent, per annum. 

Assumption, by Section Sixteen. The State shall never assume the 

the State, of 

nitfn of cor P°- debts of county, town, city or other corporation, unless 
such debts have been created to repel invasion, suppress 
insurrection, or to provide for the public welfare and de- 
fense. 

Taxation of oc- Section Seventeen. The General Assembly shall tax 
all privileges, pursuits and occupations, that are of no real 
use to society; all others shall be exempt, and the amount 
thus raised shall be paid into the treasury. 



ARTICLE XI. 

Militia. 

Persons liable to Section One. All able bodied electors in this State, 
itary uty. ^^ ^ e liable to military duty in the militia of this State, 



Art. 12.] STATE OF ARKANSAS. 37 



Oil 

grounds of con- 
science. 



but all citizens of any denomination whatever who from ^"J* 1 ™ 
scruples of conscience may be adverse to bearing arms 
shall be exempt therefrom, upon such conditions as may 
be prescribed by law. 

Section Two. The General Assembly shall provide for °^j£ zation of 
organizing, equiping and disciplining the militia in such 
manner as it shall deem expedient, not incompatible with 
the laws of the United States. 

Section Three. The Governor shall be, Commander-in- g^ 1 *^^ 6 
Chief, and shall have power to call out the militia to Chief- 
execute the laws, to suppress insurrection, to repel in- 
vasion, and to preserve the public peace. 



AKTICLE XII. 

Exempted Property. 
Section One. The personal property of any resident Exemption of 

personal prop- 

of this State, to the value of two thousand dollars, to be ert y fr °™ 8eiz - 

7 7 ure for debt. 

selected by such resident, shall be exempted from sale on 
execution or other final process of any court, issued for 
the collection of any debt, contracted after the adoption 
of this Constitution. 

Section Two. Hereafter the homestead of any resident Homestead of 

head of family 

of this State, who is a married man or head of a family not , t0 , be en - 

7 J cumbered: 

shall not be encumbered in any manner while owned by 

him, except for taxes, laborers and mechanic's liens, and Except for tax- 

x es, mechanics' 

securities for the purchase money thereof. jkjjji m a o a n ^ P ur - 

Section Three. Every homestead not exceeding one Homestead ex- 
hundred and sixty acres of land, and the dwelling and 
appurtenances thereon ; to be selected by the owner 
thereof, and not in any town, city or village ; or in lieu 
thereof, at the option of the owner ; any lot in any city, 
town or village, with the dwelling and appurtenances 



38 CONSTITUTION OF THE [Art. 12. 

thereon, owned and occupied by any resident of this State, 
and not exceeding the value of five thousand dollars, 
shall be exempted from sale on execution or any other 
final process from any court ; but no property shall be 
exempt from sale for taxes, for the payment of obligations 
contracted for the purchase of said premises, for the erec- 
tion of improvements thereon, or for labor performed for 
the owner thereof; Provided, That the benefit of the 
homestead herein provided for, shall not be extended to 
persons, who may be indebted for dues to the State, 
county, township, school or other trust funds. 
Homestead ex- Section Four. If the owner of a homestead die leaving 

emption for ben- 
efit of widow: a widow ; but no children the same shall be exempt, and 

the rents and profits thereof, shall accrue to her benefit, 

during the time of her widowhood, unless she be the 

owner of a homestead in her own right. 

And of children Section Five. The homestead of a family after the 

during minor- v 

k y- death of the owner thereof, shall be exempt from the 

payment of his debts in all cases, during the minority of 
his children, and also, so long as his widow shall remain 
unmarried, unless she be the owner of a homestead in her 
own right. 

separate prop- Section Six. The real and personal property of any 

erty of female. 

female, in this State, acquired either before or after mar- 
riage whether by gift, grant, inheritance, devise, or other- 
wise, shall so long as she may choose ; be and remain the 
separate estate and property of such female, and may be 
devised, or bequeathed by her, the same as if she were a 
femme sole. Laws shall be passed providing for the regis- 
tration of the wife's separate property, and when so reg- 
istered ; and so long as it is not entrusted to the manage- 
ment or control of her husband, otherwise than as an 
agent, it shall not be liable for any of his debts, engage- 
ments or obligations. 






Art. 13.] STATE OF ARKANSAS. 39 

ARTICLE XIII. 

Amendments to the Constitution. 
Section One. Any amendments to this Constitution Amendments to 

Constitution, 

may be proposed, in either House of the General Assem- how originated. 

bly ; and if the same, shall be agreed to, by a majority of 

the members elected to each of the two Houses ; such 

proposed amendment shall be entered on their journals, 

with the yeas and nays taken thereon, and referred to To be referred 

to succeeding 

the Legislature, to be chosen at the next general election, Legislature: 
and shall be published as provided by law, for three Published: 
months previous to the time of making such choice, and 
if the General Assembly so next chosen as aforesaid, 
such proposed amendment, or amendments, shall be 
agreed to, by a majority of all the members elected to 
each House, then it shall be the duty of the General As- 
sembly, to submit such proposed amendment, or amend- t ^ n t h e su e b m je ted 
ments, to the people in such manner, and at such time 
as the General Assembly shall provide ; and if the people 
shall approve, and ratify such amendment or amendments, 
by a majority of the electors, qualified to vote for mem- 
bers of the General Assembly voting thereon, such amend- 
ment or amendments, shall become a part of the Consti- 
tution of this State. 

Section Two. If two or more amendments shall be separate ratifi- 
cation of each 
submitted at- the same time, they shall be submitted in amendment. 

such manner that the electors, shall vote for, or against, 

each of said amendments separately. 



40 



CONSTITUTION OF THE 



[Art. 14. 



ARTICLE XIV. 



Apportionment. 



Congressional 
Districts. 



Senatorial and 
Representative 
Districts. 



Section One. The Congressional districts shall remain 
as they now are : Provided, That the General Assembly 
may, at the first session held after the adoption of this 
Constitution, re-district the State for Congressional pur- 
poses. 

Section Two. Until after the apportionment, as herein 
provided for, the Senatorial and Representative Districts 
shall be composed of the following counties, to-wit ; the 
1st of Jackson, Craighead, Poinsett, Cross and Missis- 
sippi ; 2nd of Lawrence, Randolph and Greene ; 3d of 
Madison, Marion, Carroll, Fulton and Izard; 4th of In- 
dependence and Van Buren ; 5th of Searcy, Pope and 
Conway; 6th of Newton, Johnson and Yell; 7th of 
Washington and Benton ; 8th of Crawford, Franklin and 
Sebastian ; 9th of Crittenden, St. Francis and Woodruff; 
10th of Pulaski and White; 11th of Phillips and Mon- 
roe ; 12th of Prairie and Arkansas ; loth of Scott, Polk, 
Montgomery and Hot Springs ; 14th of Hempstead ; 15th 
of Lafayette and Little River ; 16th of Union and Cal- 
houn ; 17th of Clark, Pike and Sevier; 18th of Columbia; 
19th of Ouachita; 20th of Jefferson and Bradley; 21st 
of Dallas, Saline and Perry ; 22nd of Ashley, Chicot, 
Drew and Desha. The Senators and Representatives 
Representatives, shall be apportioned among the several Senatorial and 
Representative Districts as follows, to-wit : 

1st district — 1 Senator and four Representatives. 
2nd district — one Senator and three Representatives. 
3d district — one Senator and four Representatives. 
4th district — one Senator and three Representatives. 
5th district — one Senator and three Representatives. 



Apportionment 
of Senators and 



Art. 15.] STATE OF ARKANSAS. 41 

6th district — one Senator and three Representatives. 

7th district — one Senator and four Representatives. 

8th district — one Senator and four Representatives. 

9th district — one Senator and four Representatives. 
10th district — two Senators and six Representatives. 
11th district — two Senators and six Representatives. 
12th district — one Senator and four Representatives. 
13th district — one Senator and three Representatives. 
14th district — one Senator and three Representatives. 
15th district — one Senator and three Representatives. 
16th district — one Senator and two Representatives. 
17th district — one Senator and four Representatives. 
18th district — one Senator and three Representatives. 
19th district — one Senator and two Representatives. 
20th district — two Senators and six Representatives. 
21st district — one Senator and two Representatives. 
22nd district — two Senators and six Representatives. 



ARTICLE XV. 

Miscellaneous Provisions. 
Section One. The President of the Convention shall, Constitution to 

be deposited in 

immediately after the adjournment thereof, cause this ^V state™" 

Constitution to be deposited in the office of the Secretary 

of State, and shall transmit a copy of the same to the Copy to he trans- 

mitted to Presi- 

President of the United States, to be by him laid before dentofU - s - 
the Congress of the United States. 

Section Two. In all cases not otherwise provided for Appointment, 

duties, etc., of 

in this Constitution, the General Assembly may deter- ^ t cers ' j^™^ 
mine the mode of filling all vacancies in all offices, and P r0Vlded tor - 
of choosing all necessary officers, and shall define their 
respective powers and duties, and provide suitable com- 
pensation for all officers. 



42 CONSTITUTION OF THE [Art. 15. 

Time of holding Section Three. All general elections shall be held on 

general elec- 

tions - the Tuesday succeeding the first Monday in November, 

and shall be biennial commencing at the general elec- 

Tevm of officers tion of A.D. 1868 ; but all officers elected under the 

chosen at first 7 

election. provisions of this Constitution and schedule, except mem- 

bers of Congress, at the election commencing on the 13 th 
day of March, 1868, shall hold and continue in office in 
accordance with the provisions of this Constitution the 
same as though elected at the general election, to be held 
on the Tuesday succeeding the first Monday in November* 
1868 ; and no election^ shall be held for said officers at 
the general election of 1868. 

Municipal elec- Section Four. All chartered cities and villages under 



tions for 1868. 



o 



the laws of this State, shall hold their municipal elections 
for the year 1868 at such times and places as may be 
provided in this Constitution and the schedule to the 
same. 
Township and Section Five. The term of office of all township and 

precinct offices * x - 

vacated. precinct officers shall expire thirty days after this Con- 

To be tilled by stitution goes into effect, and the Governor shall there- 
appointment of ° 

Governor: after appoint such officers whose term of office shall con- 

b^Geneiil 181 !? tinue until the General Assembly shall provide by law 

tion. * v ' ° r e ec for an election of said officers. 

Prosecuting At- Section Six. Until the General Assembly shall other- 
tor neys. ^ 

wise provide, a prosecuting attorney for each judicial cir- 
cuit shall be appointed by the Governor by and with the 

Term of office, advice and consent of the Senate, who shall hold his 
office for the term of four years, and until his successor 
is chosen and qualified : Provided, That the General 
Assembly shall not interfere with the term of any 
appointed prosecuting attorney.. 

Compensation Section Seven. The compensation of Senators and Kep- 

of Senators and 

Representatives. re seiitatives shall be six dollars per diem, during the 
first session after the adoption of this Constitution, but 
may afterwards be prescribed by law: Provided, No in- 



Art. 15.] STATE OF ARKANSAS. 43 

crease of compensation shall be prescribed which shall 
take effect until the period for which the members of 
the House of Representatives then existing shall have 
expired. 

Section Eight. Senators and Representatives shall re- Mileage. 
ceive twenty cents for each mile necessarily travelled in 
going to, and returning from the seat of government 
in attending each session of the General Assembly, until 
otherwise provided by law. 

Section Nine. All salaries, fees and per diem, or other Compensation 

of officers, in 

compensation of all State, county, town or other officers ^t funds pay- 
within the State, shall be payable in such funds as may 
by law be receivable for State taxes. 

Section Ten. Any public fund set apart by the General Funds set apart 

for special pur- 

Assembly for one purpose, shall not be used for another P° ses - 
unless in each case otherwise specially authorized by law. 

Section Eleven. This Convention shall appoint not Codification of 

1 l Statutes. 

more than three persons, learned in the law, whose duty 
it shall be to revise and rearrange the statute laws of 
this State, both civil and criminal, so as to have but one 
law on any one subject ; and, also, three other persons, code of practice. 
learned in the law, whose duty it shall be to prepare a code 
of practice for the courts, both civil and criminal, in this 
State, by abridging and simplifying the rules of practice 
and laws in relation thereto ; all of whom shall, at as 
early a day as practicable, report the result of their labors 
to the General Assembly for their adoption or modifica- 
tion. The General Assembly shall provide suitable com- compensation 

... n ... of the codifiers. 

pensation for said persons appointed as aloresaid. 

Section Twelve. No county now established by Minimum limits 

of counties. 

law shall ever be reduced by the establishment of 
any new county or counties, to less than six hundred 
square miles; nor shall any county be hereafter estab- 
lished which shall contain less than six hundred square 
miles. 



44 CONSTITUTION OF THE [Art. 15. 

indentures of Section Thirteen. No indenture of any person here- 

persons, execut- ^ x 

or ° U for° f m a ore a ft er made and executed out of this State, or if made in 
invaiid! ne >ea1 ' this State, where the term of service exceeds one year, 
Except in cases shall be of the least validity, except those given in 

of apprenticeship ^ -*• ° 

of minors. cases of apprenticeships which shall not be for a longer 
term than until the apprentice shall arrive at the age 
of twenty-one years, if a male, or eighteen years if a 
female. 

Contracts for SECTION FOURTEEN. All Contracts for the Sale Or pur- 

purchase of X 

slaves, in- chase of slaves are null and void, and no Court of this 

valid. 7 

State shall take cognizance of any suit founded on such 
contracts ; nor shall any amount ever be collected or re- 
covered on any judgment or decree which shall have been, 
or which hereafter may be, rendered on account of any 
such contract or obligation on any pretext, legal or other- 
wise. 
Great Seal of Section Fifteen. There shall be a great seal of the 

the State. & 

State which shall be kept and used officially by the Secre- 
tary of State, and the seal heretofore in use in this State, 
shall continue to be the great seal of the State, until 
another shall have been adopted by the General As- 
sembly. 

abolished seals Section Sixteen. Private seals are hereby abolished, 
and hereafter no distinction shall exist between sealed 
and unsealed instruments, concerning contracts between 

Retention of ex- individuals. All laws of this State not in conflict with 

isting laws. 

this Constitution, shall remain in full force until other- 
wise provided by the General Assembly, or until they ex- 
vested rights pi re by their own limitation. Nothing herein shall be 

not to be lm- L J ° 

paired. construed to impair vested rights under provisions of ex- 

isting laws. 

oath of office. Section Seventeen. All officers of this State, executive,, 
legislative and judicial, before they enter upon the duties 
of their respective offices, shall take the following oath : 
"I, , do solemnly swear, (or affirm,) that I am not 



Art. 15.] STATE OF ARKANSAS. 45 

disfranchised by the Constitution or laws of the United 
States, or the Constitution of the State of Arkansas, that 
I will honestly and faithfully support and defend the 
Constitution and laws of the United States, the Union of 
States, and the Constitution and laws of the State of Ar- 
kansas, and that I will honestly and faithfully discharge 
the duties of the office on which I am about to enter, to 
the best of my ability. So help me God." 

Section Eighteen. The term of all officers elected or Term of officers 

to expire Jan. 

appointed under the provisions of this Constitution shall J|}J r 8 Jf s ' e nn £l* 
expire on the first day of January, 1873, unless herein w 
otherwise provided. 

Section Nineteen. No one shall be precluded from Members and 

x officers of Con- 

being elected or appointed t'o any office by reason of l™^ not Sim 
having been a delegate to this Convention, or an officer ° mg ° 
of the same. 

Section Twenty. No person shall be allowed or quali-F e( r tors >. .° nl y, 

1 -»• to sit on juries. 

fied to sit on any jury who is not a qualified elector. 

Section Twenty one. The General Assembly may by Laws regulating 

■ / •/ •/ ra te of interest. 

general law, declare the legal rate of interest upon con- 
tracts in which no rate of interest is specified, but no law 
limiting the rate of interest for which individuals may 
contract in this State, shall ever be passed. 

Section Twenty two. All Judges and Clerks of Election Oaths of Judges 

° and Clerks of 

appointed under provisions of this Constitution, shall take Electl0n - 
and subscribe to the oath of an elector as provided in 
Section five, of Article VIII before they enter upon the 
duties of said offices ; and said Judges are hereby author- Administration 

? & J of the oath to 

ized to administer the oath to each other and to the c "ef k e s s of E f e n c d 
Clerks ; also to administer the same to all electors offering To electors. 
to vote. Said Judges and Clerks shall also swear to dis- 
charge their respective duties to the best of their ability 
according to law. Judges of election may appoint a suit- J . ud s es of Eiec 

o o J I r tion to act as 

able number of persons, who shall, with themselves, be t c 1 ^ S p e e r a ' c a e tors of 
conservators of the peace, and they are hereby empowered 



46 CONSTITUTION OF THE [Schedule. 

to arrest all offenders. Any one refusing to act as such 
when called on by the Judges, shall be subject to a fine 
of at least one hundred dollars, or imprisonment not less 
than six months, or both. 



SCHEDULE. 



First election Section One. On the thirteenth day of March, A. D. 1868, 

for Representa- 
tives in con- an( j sucn successive days as hereinafter provided, an elec- 

gress, State and •> r 7 

an°d n Generd C S tion shall be held for members of the House of Repre- 
sentatives of the United States, Governor, Lieutenant 
Governor, Secretary of State, Auditor, Treasurer, At- 
torney General, Superintendent of Public Instruction, 
Judges of the Supreme Court, members of the General 

And election for Assembly and all county officers, and also for the submis- 

submission of ^ * 

£ n peopie° n t0 s i° n °f ^ S Constitution to the people for their adoption 

or rejection, 
who may vote Section Two. Upon the days designated as aforesaid, 

thereat. L J ° 

every qualified elector under the provisions of this Con- 
stitution may vote for all officers to be elected under this 
Constitution at such election, and also for or against the 
adoption of this Constitution. 

style of ballot, Section Three. In voting for or against the adoption 
of this Constitution the words "For Constitution" or 
u Against Constitution " shall be written or printed on the 
ballot of each voter, but no voter shall vote for or against 
this Constitution on a separate ballot from that cast by 
him for officers to be elected at said election under this 
Constitution. 

Board of Com- Section Four. A Board of Commissioners is hereby 

missioners of 

the election. appointed, to consist of James L. Hodges, Joseph Brooks, 
and the President of this Convention, any two of whom 
shall constitute a quorum to transact business, who shall 



Schedule.] STATE OF ARKANSAS. 47 

keep an office for the transaction of business in Little 
Rock, and who may employ such clerical force as may be 
necessary, said clerks not to receive more per da}^ for each 
day actually employed than the per diem paid the assistant 
secretaries of this Convention, and who are empowered T . he Commis- 

I sioners may ap- 

and authorized to appoint, or cause to be appointed suit- a,Td nt cierks dff of 
able persons forjudges and clerks of election in each county 
in this State to hold the election therein for all State and 
county officers, and for members of the General Assem- 
bly and of the House of Representatives of the United 
States, and also for the ratification of this Constitution. 
Said election shall be held at such times and places in Times and places 

of the election. 

each county, commencing on the 13th day of March, and 
continuing on such successive days as the Commissioners 
may direct, to secure a full and fair vote at such election. 

Section Five. The Judges of election appointed as Returns of the 

election. 

aforesaid, shall make returns of the same to said Com- 
missioners in such manner and under such regulations 
as said Commissioners may prescribe, which returns 
shall show the number of votes cast at said election for 
and against this Constitution, and the number cast for 
each candidate for the offices provided for in this Consti- 
tution and Schedule. 

Section Six. Any person contesting the election under The commis- 
sioners to de- 

this Constitution for any state officer or member of the eiection S contest for 

General Assembly, shall do so before said Board of Com- gf er °f c f sse a ° d _ 

missioners, who shall have power to decide and declare 

the right to any office contested, and give the candidate 

legally elected a certificate of the same ; Provided, Said But may refer 

contested elec- 

Commissioners may, in the cases of members of the Gen- tio " s . for , p e ?- 

J 7 eral Assembly, to 

eral Assembly whose right to the seats may be contested, that body ' 
refer the same to the General Assembly for their determi- 
nation. Said Board of Commissioners shall appoint the To appoint 
•judges and clerks of the municipal elections to be held Clerks of mu- 

° ° L nicipal elec- 

under the provisions of this Constitution. Said judges tlons - 



48 CONSTITUTION OF THE [Schedule. 

Returns of mu- shall conduct and make returns of said elections in the 

nicipal elections. 

manner prescribed by the charter of the city or village in 
which said municipal election shall be held. 
The commis- Section Seven. Said Commissioners shall appoint suit- 

sioners to ap- 
point Boards for aD i e persons as Boards in every county, to hear and de- 

decision of con- L ** J ' 

elections. county c ^ e an " cases of contested county elections. 

May review Section Eight. The said Commissioners shall have 

election on rati- 

st C itutfon° f Con "P ower to inquire into the fairness or validity of the vot- 
ing upon the ratification of this Constitution, and to 
count the votes given at said election, and shall reject all 
fraudulent or illegal votes cast at said election ; and said 
Commissioners shall also have power, whenever it is made 
to appear that fraud, fear, violence, improper influence, or 
restraint, were used, or persons were prevented or intimi- 
dated from voting at such elections, to take such steps, 
either by setting aside the election and ordering a new 
one, or rejecting votes, or correcting the result in any 
county or precinct as may in such cases be just and 
equitable. 

To declare re- Section Nine. The said Commissioners shall declare the 

suit of election 

on ratification, result of the election upon the ratification of this Con- 
President of stitution, and if adopted, the President of this Conven- 

Convention to . . 

transmit copy tion shall transmit a certified copy of the same, together 



vote thereon 1 to w ^ n an abstract of the votes cast to the President of the 



of Constitution, 
with abstract < 
vote thereon, 1 

. s. -[j n rt e cl States, to be by him laid before the Congress of 

the United States for their approval or rejection, and 

constitution to shall also declare the officers elected thereunder; and if 

take effect upon 

ratification. declared ratified, the Constitution shall from and after 

that date be in full force and effect. 
Persons disfran- Section Ten. No person disqualified from voting or 

chised under . . . _. 

constitution, registering; under this Constitution shall vote for candi- 

disqualified & ° 

p r o°iS v h°erefn at au- dates ior any office, nor shall be permitted to vote for the 

ratification or rejection of this Constitution at the polls 

Officers elected, herein authorized. The Governor and all other officers 

when to enter , _ _ 

upon their du- elected under this Constitution, shall enter upon the duties 

ties. ? r 



Schedule.] STATE OF AKKANSAS. . 49 

of their offices when they shall have been declared duly 
elected by said Board of Commissioners, and shall have 
duly qualified. All officers shall qualify and enter upon 
the discharge of the duties of their offices, within fifteen 
days after they have been duly notified of their election 
or appointment. 

Section Eleven. Upon notice of the election or ap- Prior focum- 

•*• x bents to vacate 

pointment, and qualification of the officers elected or ap- their ° mces * 
pointed, under this Constitution, the present incumbents 
of all State, county and city offices shall vacate the same 
and turn over to the officers so elected or appointed and 
qualified hereunder, all books, papers, records, monies and 
documents belonging or pertaining to said offices on ap- 
plication made by the officers elected or appointed and 
qualified under this Constitution. 

Section Twelve. Any person may vote at the polls Qualification of 

J x J x voters at the 

herein authorized for the election of officers and ratifica- *} ec %°*> how 

decided. 

tion of this Constitution, whom the judges of said election 
shall be satisfied by oath of the person offering to vote, 
and such other satisfactory evidence as they may require, 
is a legally qualified elector under this Constitution ; Pro- 
vided, The judges of election shall administer to every 
person offering to vote at said election, the oath prescribed 
in this Constitution. 

Section Thirteen. In the event that either of the three case of candi- 

dacv of Com- 



missioner. 



Commissioners, appointed by section four, hereof, should 
be a candidate for any office, the other two Commission- 
ers shall canvass the vote so far as it relates to that office, 
and issue the certificate to the person elected. 

Section Fourteen. In case of death or any disability vacancy in 

Board of Com- 

of any member or members of said Board of Commis- missioned. 
sioners, the remaining Commissioner or Commissioners, 
shall have power to fill such vacancy ; and said Commis- 
sioner or Commissioners so appointed, shall have full 
power to act as though originally appointed. 



50 CONSTITUTION OF THE [Schedule. 

Sale or gift of Section Fifteen. Any person selling* or giving away 

intoxicating li- ^ r ° ° ° f 

ekction 1111 ^ ?- intoxicating liquor, during the time of the election herein 
Penalty. provided for shall be punished by a fine not less than two 

hundred dollars, for each and every offense, or imprison- 
ment not less than six months, or both. 
The Commis- Section Sixteen. Said Commissioners shall provide 

sioners to pro • 

vide poii-books, suitable poll books for each county, and such instructions 

as may be necessary to carry into effect the provisions of 

Compensation this schedule. Judges and clerks of election thus ap- 

of Judges and 

cierks of the pointed, shall receive the same per diem as the boards of 

election. L 7 J- 

registers provided for in the act entitled " An act to pro- 
vide for the more efficient government of the rebel States," 
passed March 2nd 1867, and acts supplementary thereto. 
Compensation Section Seventeen. The Commissioners herein ap- 

of the Commis- 
sioners, pointed, shall receive for their services, for each day ac- 
tually employed such compensation per day and allow- 
ances, and in such manner as are now provided for 
other expenses members of this Convention. All expenses incurred 

under Schedule, 

how paid. under this schedule, not otherwise provided for, shall be 

paid out of the appropriation for defraying the expenses 
of this Convention. 

Done in Convention, at Little Rock, the eleventh day of February 
in the year of our Lord one thousand eight hundred and sixty 
eight, and of the independence of the United States the 
ninety second. 

Ln Witness whereof, ive have hereunto subscribed our names. 

THOS. M. BOWEN, 

President of the Convention, and 
Delegate from the County of Crawford. 

John G. Price, 

Secretary. 

GEORGE S. SCOTT, Little River County. 
FRED. R. POOLE, Miss. & Craighead Cos. 
GEORGE W. DALE, Independence County. 
PETER C. MISNER, 



STATE OF ARKANSAS. 51 

CLIFFORD STANLEY SIMS, Delegate from Desha County. 

DANIEL COATES, Delegate from Saint Francis County. 

J. A. HOUGHTON, Delegate from Cross & Poinsett Counties. 

FRANKLIN MONROE ROUNSAVILLE, Yell County. 

SOLOMON EXON, Delegate from Clark County. 

MILES LEDFORD LANGLEY, 

GAYLE H. KYLE, Delegate from Dallas County. 

MOSES BELL, Delegate from Sebastian County. 

JOHN H. HUTCHINSON, M.D., Delegate from Arkansas County. 

JOHN McCLURE, Del. Arkansas Co. 

AMOS H. EVANS, Delegate from Monroe County. 

JOHN N. SARBER, Delegate from Johnson County. 

JESSEE MILLSAPS, Delegate from Van Buren County. 

WILLIAM A. WYATT, Delegate from Searcy and Fulton Counties. 

ANTHONY HINKLE, Delegate from Conway County. 

O. P. SNYDER, Delegate from Jefferson County. 

SAMUEL W. MALLORY, Delegate from Jefferson County. 

JAMES M. GRAY, Delegate from Jefferson County. 

JOSEPH BROOKS, Phillips County. 

THOMAS SMITH, 

WILLIAM H. GREY, « 

JAMES T. WHITE, " 

PARLEY A. WILLIAMS, Delegate from Marion and Newton. 

ROBERT HATFIELD, Delegate from Franklin County. 

JOHN W. HARRISON, Delegate from Hot Spring Co. 

JAMES W. MASON, Delegate from Chicot County. 

GEORGE W. McCOWN, Delegate from Columbia County. 

WILLIAM G. HOLLIS, Delegate from Calhoun Co. 

JAMES L. HODGES, Delegate from Pulaski Co. 

JAMES HINDS, Delegate from Pulaski Co. 

HENRY RECTOR, Delegate from Pulaski County. 

THOMAS P. JOHNSON, Delegate from Pulaski County. 

JOHN C. PRIDDY, Delegate from Montgomery Co. 

ASA HODGES, Delegate from Crittenden Co. 

F. M. SAMS, Delegate from Madison County. 

CHARLES H. OLIVER, Delegate from Scott County. 

NATHAN N. RAWLINGS, from Ouachita Co. 

JNO. R. MONTGOMERY, Delegate from Hempstead County. 

SOLOMON D. BELDIN, Delegate from Hempstead County. 

RICHARD SAMUELS, 

R. C. VAN HOOK, Delegate from Union County. 



52 CONSTITUTION OF THE 

IRA L. WILSON, Delegate from Union County. 
WALTER W. BRASHEAR, Delegate from Pope County. 
ALFRED M. MERRICK, Delegate from Lafayette County. 
WILLIAM A. BEASLEY, Delegate from Columbia County. 
JAMES P. PORTIS, Delegate from Ouachita County. 
MONROE HAWKINS, Delegate from Lafayette County. 
WM. MURPHY, Delegate from Jefferson County. 



Ordinance.] STATE OF ARKANSAS. 53 



AN ORDINANCE 

to provide for an election by the voters registered in 
this State, under an act of Congress entitled " An 
act to provide for the more efficient government 
of the rebel states," passed march 2nd, 1867, and 
the Acts supplementary thereto. 



Section One. Be it ordained, That any voter registered Registered vo- 

** ° ter mav vote up- 

under the provisions of an act of Congress entitled " An ?° J* 11 fi c c o ^ 
act to provide for the more efficient government of the b e her at time^f 
rebel States/' passed March 2nd, 1867, and the supple- 
mentary acts thereto, shall be permitted to vote in any 
county in this State, where he may be at the time of the 
election, upon the ratification of the Constitution framed 
by this Convention. 

Section Two. That in voting for or against the ratifi- style of ballot, 
cation of this Constitution, the words " For Constitution " 
or " Against Constitution " shall be written or printed on 
each ballot; but no person shall vote, at the polls pro- No vote for offi- 

' A / x j. cers ^0 be polled 

vided for by this ordinance, for any State or county f^s el ordh\ance 
officer prescribed in said Constitution. provided for. 

Section Three. Said election shall be held at such Times and 

places of the 

times and places as may be designated by the Board of ^™ ed t0 tT 

Board of Com- 
missioners. 



Commissioners appointed under the provisions of the 
schedule to the Constitution submitted by this Conven- 
tion to the people. 

Section Four. The secrecy of the ballot shall be pre- Secrecy of the 

ballot to be in- 

served inviolate. No Judge, inspector, or other election violate. 
officer, shall mark or deface or permit to be marked or 



54 CONSTITUTION OF AKKANSAS. [Ordinance. 

defaced, any ballot cast at the poll at which he is acting, 
whereby, may be ascertained the manner in which any 
elector voted. 



INDEX 



CONSTITUTION OF ARKANSAS 



[Note.— In the column headed " Art.," the letters Pr., Sc, and Or., respectively, signify the Preamble, 
the Schedule, and the Ordinance appended to the Constitution.] 



A. 

ABSENT MEMBERS of General Assembly, Attendance of, may be 
compelled , 

Accounts for State printing , 

of holders of public moneys 

of State and County officers 

Accusation, Right of accused to be informed of 

Accused, Rights of, in criminal prosecutions 

Acknowledgments — see Conveyance. 

Acts of General Assembly to embrace but one subject each 

Public, when to take effect 

Title of 

Revision, alteration, or amendment of. ; 

passed during last three days of General Assembly 

Official, of Governor, how authenticated 

See, also, Bills, and Laws. 

Adjournment, Final, of General Assembly to be at 12, M.. ., 

Adjournments of either House of General Assembly 

Administrators, Testimony of, in actions bj T or against them 

Affinity of Judge with party in suit 

Affray 

Affirmation — see Oath. 

Agriculture, Department of, in State University 

Aid and comfort to enemies of the State 

Allegiance, Paramount, due to Federal Government 

oath of, Violation of, to disqualify from voting 

Allodial, All lands in the State declared 

Alteration of laws 

Amendment of laws 

Amendments to bills for raising revenue, Senate may propose 

to Constitution 

Appeals in criminal or penal cases, General Assembly may authorize 

from judgments of inferior courts 

18 



Sec. Page 



5 


13 


10 


5 


15 


11 


5 


43 


15 


.0 


7 


34 


1 


8 


3 


1 


8 


3 


5 


22 


12 


5 


22 


12 


5 


22 


12 


5 


23 


12 


5 


35 


14 


6 


15 


20 


5 


51 


17 


5 


18,35 


12,14 


7 


22 


27 


7 


7 


24 


1 


9 


3 


9 


3 


31 


1 


11 


4 


1 


1 


1 


8 


3 


28 


1 


21 


6 


5 


23 


12 


5 


23 


12 


5 


19 


12 


13 




39 


5 


31 


13 


7 


4,15 


24,26 




( cxxxvii 


■ ) 



cxxxviii INDEX TO CONSTITUTION OF ARKANSAS. 



Appeals from Justices of the Peace 

Apportionment 

to be revised by General Assembly 

not to be made till after first enumeration 

of Senators and Representatives 

Appraisements for purposes of taxation 

Apprenticeship, effecting involuntary servitude, prohibited 

Indentures of. 

Appropriations 

Approval, by Governor, of bills and concurrent resolutions 

Arkansas, Boundaries of the State of 

Arms, Right of citizens to bear 

Army of the U. S., in actual service, Offences arising in 

Standing, not to be kept up in time of peace 

Soldiers of, acquire no residence b} r being stationed in State 

Arrears of holders of public moneys 

Arrest, Senators and Representatives privileged from 

Electors privileged from, during attendance at elections 

Assault and battery 

Assembly, public, Right of 

Associate Justices of Supreme Court — see Court, Supreme, Justices of. 

Attainder, Bill of 

Attorney, Suitor may act by 

Attorneys to elect special judges for inferior courts 

Attorney- General, an officer of the Executive Department 

Term of office of. 

how chosen 

to reside at seat of government 

to keep at seat of government, all public records, etc., pertaining 
to his office 

Returns of election for 

Contested elections for, to be determined by Gen. Assembly 

how chosen, in case of tie 

Death, disability, etc., of 

Duties of 

to be one of the Commissioners of the Sinking Fund 

First election for 

Attorneys, Prosecuting 

Auditor, Banking corporations to deposit bonds of State with 

Regulation by, of issue of bank-bills as currency 

an officer of the Executive Department 

Term of office of 

how chosen 

to reside at seat of government 

to keep at seat of government, all public records, etc., pertaining 
to his office 

Returns of election for 

how chosen in case of tie 

Contested elections for, to be determined by Gen. Assembly 

Duties of 

Death, disability, etc., of 

First election for 

Authentication of official acts of Governor 



Bail, Excessive, not to be required 1 9, 14 3, 4 

Right to 19 3 

Ballot, Elections by the people to be by 8 1 28 



Art. 


Sec. 


Pagb 


7 


15 


26 


14 




40 


5 


8 


9 


5 


8 


9 


14 


2 


40 


10 


2 


34 


5 


37 


15 


15 


13 


44 


5,10 


20,8 


12,34 


5,6 


35,15 


14,20 


2 




7 


1 


5 


2 


1 


9 


3 


1 


16 


5 


8 


2 


28 


5 


43 


15 


5 


12 


10 


8 


6 


30 


1 


9 


3 


1 


4 


2 


I 


13 


4 


7 


21 


27 


7 


9 


25 


6 


1 


17 


6 


1 


17 


6 


1 


17 


6 


18 


20 


6 


18 


20 


6 


19 


20 


6 


19 


21 


6 


19 


21 


6 


22 


21 


6 


22 


22 


10 


12 


35 


Sc 


1 


46 


15 


6 


42 


5 


50 


17 


5 


50 


17 


6 


1 


17 


6 


1 


17 


6 


1 


17 


6 


18 


20 


6 


18 


20 


6 


19 


20 


6 


19 


21 


6 


19 


21 


6 


21 


21 


6 


22 


21 


Sc 


1 


46 


6 


15 


20 



INDEX TO CONSTITUTION OF ARKANSAS. 



CXXX1X 






Art. 


Seo. 


Page 


Sc 


3 


46 


Or 


2 


53 


Or 


4 


53 


5 


50 


17 


5 


50 


17 


5 


50 


17 


10 


3 


34 


5 


50 


17 


5 


20 


12 


5 


19 


12 


5 


19 


12 


5 


19 


12 


5 


21 


12 


5 


21 


12 


5 


21 


12 


5 


24 


12 


5 


35 


14 


5 


35 


14 


5 


35 


14 


5 


35 


14 



Ballot, Style of, at election under Schedule 

Style of, at election under Act of Congress, for ratification 

at election under Ordinance, not to be marked or defaced by 

officers of election 

Bank-bills, issue of, as currency, Conditions imposed upon 

issued under conditions imposed by Constitution, receivable for 

taxes and dues to State 

Banking corporations 

Property employed in, to bear its equal burden of taxation 

corporations existing under Act of Congress exempt from condi- 
tions imposed by this Constitution 

Bill, Appropriations to be by 

Bills may originate in either House 

for raising revenue, to originate in House of Representatives 

for raising revenue, Senate may propose amendments to 

to be read three times, on different days, in each House (unless 

rules suspended) 

Majority required, in order to pass, unless rules suspended 

Yeas and Nays to be taken on final passage of 

Introduction of, during last three days of session 

to be presented to Governor for approval 

disapproved, to be returned, with objections, to House in which 

originated 

may be passed after veto, on reconsideration, by majority 

vetoed, Vote on, to be taken by yeas and nays 

not returned by Governor within three days (with exceptions 

stated) to become laws 

passed during last three days of session, may be approved, etc., 

within three days after adjournment 

Bills discounted or purchased by banks, to be taxed 

Bill of attainder prohibited 

Bill of Bights 

Blood, corruption of, No conviction to work 

Boards of Commissioners — see Commissioners. 

Bonds of the State, Deposit of, with Auditor, by banking corporations 

Taxation of 

Investment of School-Fund in 

Books, Public, of Governor, etc., to be kept at seat of government 

Official, to be turned over to officers chosen at first election 

Borroioing money, Powers of, of cities and incorporated villages, to be re- 
stricted by General Assembly 

Boundaries of the State 

of counties, Provision annulling action of Convention of 1861, etc., 

not to apply to case of 

Breach of the Peace, Privilege of Senators and Representatives not to ex- 
tend to case of, 

Privilege of electors not to extend to case of 

Bribery at elections 

Persons convicted of, disfranchised 

Burdens of citizenship, No exemption from, on account of race, etc 

Burying- grounds exempt from taxation 

Bushwhackers disfranchised 

Condition of restoration of franchise to 



35 



25 



14 



5 


35 


14 


10 


3 


34 


1 


13 


4 

1 


1 


13 


4 


5 


50 


17 


10 


2 


33 


9 


4,5 


32 


6 


18 


20 


Sc 


11 


49 


5 


49 


17 


2 


. , 


7 



5 


12 


10 


8 


6 


30 


1 


19 


5 


8 


3 


29 


1 


3 


2 


L0 


2 


34 


8 


3 


28 


8 


3,4 


29 



Capital offences— see Offences, Capital. 
Census to be taken every tenth year. 
Certiorari 



24 



, 



cxl INDEX TO CONSTITUTION OF ARKANSAS. 



Challenge to duel 

of jurors, Right of 

Character, Remedy for injury to 

Charges to juries 

Charity, public, Institutions of, exempt from taxation 

Chief Justice to reside at seat of government 

to keep at scat of government public records, etc., pertaining to his 
office 

to preside in trial of impeachments 

how appointed 

Term of office of 

pro tempore, to preside in trial of impeachment of Chief Justice. . . 

Children, minor, Homestead exemption for benefit of 

Churches exempt from taxation 

Circuit Courts — see Courts, Circuit, and Courts, Inferior. 

Circuits, Exchange of . , 

Cities, streets of, Vacation and alteration of, to be provided for by general 
laws- 

and incorporated villages, Organization of, General Assembly to 
provide for, by general laws 

Powers of, to be restricted by General Assembly 

chartered, Municipal elections of, for 18G8 

City debts, State not to assume, unless contracted to repel invasion, etc. . . . 

offices, Vacation of 

Citizen, Paramount allegiance of, due to Federal Government 

• to suffer no deprivation, and enjoy no exemption, on account of 

race, etc 

Citizens, Right of, to peaceably assemble together 

Right of, to instruct representatives, to petition for redress of griev- 
ances, etc 

Right of, to bear arms 

Equality of privileges and immunities of all 

not to be disfranchised, unless by law of the land or the judgment 

of their peers 

Civil cases, Selection of juries in 

Civil power, Supremacy of, over Military 

Civil process—see Process, Civil. 

Civil rights, Equality of 

Cleric of Supreme Court , 

Clerks, County 

of Commissioners of election 

of courts to sign writs and other process 

of election 

of election under Schedule — see Election under Schedule, Clerks of. 
Code, penal, General Assembly to enact a 

of practice 

Codification of statutes 

Coercion by U. S., against secession, or forcible resistance to laws 

Collection of debt — see Exemption. 
Collector of public moneys, in arrears, ineligible to General Assembby, or to 

office 

Color, No distinction in point of civil rights and duties on account of 

Voter's oath concerning distinction on account of 

Commander-in- Chief, Governor to be 

Commissioner of Immigration 

of State Lands 

of Public Works and Internal Improvements 

Commissioners of Election, Board of, appointed 

Quorum of 

to keep an office in Little Rock 



Art. 


Sec. 


Page 


1 


22 


6 


5 


31 


13 


1 


10 


4 


7 


11 


25 


10 


2 


34 


6 


18 


20 


6 


18 


20 


7 


2 


23 


7 


3 


23 


7 


3 


23 


7 


2 


23 


12 


5 


38 


10 


2 


34 


7 


10 


25 


5 


40 


15 


5 


49 


16 


5 


49 


17 


15 


4 


42 


10 


16 


36 


Sc 


11 


49 


1 


1 


1 


1 


3 


2 


1 


• 4 


2 


1 


4 


2 


1 


5 


2 


1 


18 


5 


5 


37 


14 


5 


32 


13 


1 


16 


5 


1 


3 


2 


7 


18 


26 


7 


19 


26 


Sc 


4 


47 


7 


6 


24 


15 


22 


45 


5 


29 


13 


15 


11 


43 


15 


11 


43 


1 


1 


2 


5 


43 


15 


1 


3 


2 


8 


5 


30 


S, 11 


4,3 


18,37 


6 


23 


22 


6 


23 


22 


6 


23 


21 


Sc 


4 


46 


Sc 


4 


46 


Sc . 


4 


46 



\RT. 


Sec. 


Pagb 


Sc 


4 


47 


Sc 


4 


47 


Sc 


4 


47 


Sc 


5 


47 



INDEX TO CONSTITUTION OF ARKANSAS. cxli 



Commissioners of Election may employ necessary clerical force 

may appoint judges and clerks of the election 

may direct times and places of election commencing March 13th, 
1868 

Judges of the election to make returns to 

may prescribe manner and regulations of making returns of the 
election Sc 5 47 

Power of, to decide contested elections for State offices and Gen- 
eral Assembly 

may refer to Gen. Assembly, contested elections for that body .... 

to appoint judges and clerks of municipal elections 

to appoint Boards for decisions of contested county elections 

may review election on ratification of Constitution 

to declare result of election on ratification of Constitution 

to declare election of officers 

Case of candidacy for office, of either of the 

Vacancy in Board of, how rilled 

to provide poll-books, and necessary instructions 

Compensation of a 

to designate times and places of election under Ordinance 

Commissioners of the Sinking- Fund, Board of, how constituted 

to report to General Assembly estimate of probable amount of 
Fund 

to apply Sinking-Fund to payment of State debt 

Commissioners to codify the Statutes 

to prepare Code of Practice ' 

Commissions, to officers of the State 

Common- Schools — see Schools. 
Commutation of sentence 

Information concerning, to be communicated to Gen. Assembly . . 
Compensation for private property taken for public use 

by State, for emancipated slaves, prohibited 

in case of contested election for General Assembly 

required from corporations, for right of way 

for right of way, to use of a corporation, to be ascertained by jury 
in court of record 

of Acting Governor. 

of Superintendent of Public "Works and Internal Improvements. . . 

of officers of the Executive Department 

of Judges 

of County Clerks 

of Superintendent of Public Instruction 

of officers, General Assembly to provide 

of Senators and Representatives 

of officers, in what funds payable 

of the Codifiers 

of Clerks of Commissioners of Election 

of Commissioners of Election 

Competency of witnesses 

Compulsory process for witnesses, Right of accused to 

Concurrent resolutions — see Resolutions, Concurrent. 
Condition, previous, No distinction in point of civil rights and duties on 

account of 

Confession in case of treason 

Congress, Members of, ineligible to office of Governor 

Congressional districts 

Consanguinity of Judge with party in suit 

Constitution of U. S. confers full powers on Federal Government to maintain 
itself 



Sc 


G 


47 


Sc 


6 


47 


Sc 


6 


47 


Sc 


7 


48 


Sc 


8 


48 


Sc 


9 


48 


Sc 


10 


48 


Sc 


13 


49 


Sc 


14 


49 


Sc 


16 


50 


Sc 


17 


50 


Oi- 


3 


53 


lO 


12 


35 


10 


13 


35 


10 


14 


36 


15 


11 


43 


15 


11 


43 


6 


17,26 


20, 22 


6 


9 


19 


6 


9 


19 


1 


15 


4 


5 


38 


15 


5 


42 


15 


5 


48 


16 


5 


48 


16 


6 


14 


20 


6 


23 


22 


6 


24 


22 


7 


13 


25 


7 


19 


28 


9 


2 


31 


15 


2 


41 


15 


7 


42 


15 


9 


43 


15 


11 


43 


Sc 


4 


47 


Sc 


17 


50 


7 


22 


27 


1 


8 


3 


1 


3 


2 


1 


11 


4 


6 


13 


20 


14 


1 


40 


7 


7 


24 



cxlii INDEX TO CONSTITUTION OF ARKANSAS. 



1 


2 


5 


29 


17 


45 




1 




39 


1 


41 


1,9 


41,48 




46 




53 


9 


48 


2,3 


46,47 


3 


46 


8 


48 


9 


48 


10 


48 


1 


53 


2 


53 


15 


11 


36 


14 


20 


27 


13 


4 



_ . . Art. Sec. Page 

Constitution of TJ. S. warrants employment of armed force in compelling 

obedience to Federal Government 1 

Constitution and Laws of U. S., Voter's oath to support and defend 8 

State officers sworn to support and defend 15 

Constitution ordained and established by the people of the State of Ark- 
ansas p r 

Amendments to 13 

to be deposited in office of Secretary of State 15 

Copy of, to be transmitted to President U. S 15, Sc 

Submission of, to the people (" Civil Polls ") Sc 

Submission of, to the people (" Military Polls ") Or 

to take effect upon ratification Sc 

Constitution, Submission of under Schedule for ratif cation : 

Time of holding election for Sc 

Manner of voting Sc 

Commissioners of Election may review election Sc 

Commissioners of Election to declare result of election Sc 

Persons disfranchised under Constitution, not to vote thereon Sc 

Constitution, Submission of, under Act of Congress, for ratification : 

Registered voter may vote in any county where he may be at time 

of the election Ord 

Manner of voting Ord 

Constitutional Convention— see Convention, Constitutional. 

Constructive labor, Charges for, in State printing, to be prohibited 5 

Contempt, Either House of General Assembly may imprison for 5 

Contested elections— sqg Elections. 

Contract, actions of, Jurisdiction of Justices of the Peace in 7 

Contracts, Laws impairing obligation of, prohibited 1 

between private individuals, Rights of parties under, not affected 

by invalidity of action of Convention of 1861, etc 1 25 

for State printing, General Assembly not to rescind or alter, or to 

release contractor or securities 5 

for sale or purchase of slaves, invalid 15 

Rate of interest 15 

Convention of 1861, Action of, and all action of the State under authority 

thereof (with exceptions stated), null and void 1 25 

Convention, Constitutional, to appoint Commissioners to codify the laws and 

arrange code of practice 15 

Members and officers of, not precluded from holding office 15 

Conveyance, Acknowledgments of deeds of, not invalidated by operation of 

provision annulling action of Convention of 1861, etc 1 

of real estate to be provided for by general laws 5 

Conviction of treason, Requisites to 1 

not to work corruption of blood, or forfeiture of estate 1 

in cases of impeachment 7 

of treason, and other specified crimes, to work disfranchisement. . . 8 

Corporations, municipal, Limitation of powers of 5 

to be formed under general laws 5 

Laws creating, may be altered or repealed 5 

Individual liability of stockholders of 5 

Property of, to be forever subject to taxation 5 

not to have right of way without full compensation paid 5 

Compensation by, for right of way, how ascertained 5 

debts of, State not to assume, unless contracted to repel invasion, 

etc 10 

with banking and discounting privileges 5 

School-Fund not to be invested in obligations of 9 

Corruption of blood, No conviction to work 1 

Counsel, Right of accused to 1 

Counties, Loan of credit of . 10 



15 


11 


14 


44 


21 


45 



11 


43 


19 


45 


25 


7 


40 


15 


11 


4 


13 


4 


2 


23 


3 


29 


47 


16 


48 


16 


48 


16 


48 


16 


48 


16 


48 


16 


48 


16 


16 


36 


50 


17 


5 


32 


13 


4 


8 


3 


6 


34 



INDEX TO CONSTITUTION OF ARKANSAS. cxliii 



Counties, Minimum limits of 

Creation of new 

County to be ascertained by law 

boundaries — see Boundaries of Counties. 

officers ineligible to General Assembly 

governments, General Assembly may provide for 

Clerks. 

School-Funds to be reduced, when practicable, into Public-School- 
Fund 

debts, State not to assume, unless created to repel invasion, etc. . . 

funds, Benefit of homestead-exemption not extended to persons 
indebted for dues to 

elections, Contested 

offices, Vacation of 

County officers, Accounts of 

Compensation of, in what funds payable 

First election for 

County-seats not changed by operation of provision annulling action of 

Convention of 1861, etc 

Court, Discretion of, in case of division of jury in criminal prosecution 

Confession in open, in case of treason 

for adjudication of suits by or against the State, to be designated 

by law 

Courts, Certain powers to be conferred on, by General Assembly 

of record 

Code of practice for the 

to take no cognizance of contracts for sale or purchase of slaves. . . 

Court of Impeachment, Judicial authority of Senate sitting as 

See, also, Impeachment. 

Court, Supreme, of the U. S 

Court, Supreme, of the State 

Terms of 

how constituted 

Jurisdiction of 

Special Judges for 

to be a court of record and have a common seal 

to appoint Clerk and Reporter 

Decisions of 

Dissenting opinions in 

Court, Supreme, Justices of, ineligible to elective offices, during term for 
which chosen 

Disqualifications of, from presiding at trial 

Special, how appointed 

Qualifications of 

Compensation of 

Vacancy in office of, to be filled by Governor 

to be conservators of the peace 

First election for 

See, also, Judges. 
Court, Supreme, Chief Justice of, to reside at seat of government 6 18 

to keep at seat of government, public records, etc., pertaining to 
his office 

to preside in trial of impeachments 

how appointed 

Term of office of 

pro tempore, to preside in trial of impeachment of Chief Justice . . . 
See, also, Judges. 

Courts, Circuit 

Courts, Inferior 



Art. 


Sec. 


Page 


15 


12 


43 


15 


12 


43 


1 


8 


3 


5 


11 


10 


5 


28 


13 


7 


19 


26 


9 


8 


33 


10 


16 


36 


12 


3 


38 


Sc 


7 


48 


Sc 


11 


49 


10 


7 


34 


15 


9 


43 


Sc 


1 


46 


1 


25 


7 


1 


9 


3 


1 


11 


4 


1 


17 


5 


5 


39 


15 


5,7 


48,17 


16,26 


15 


11 


43 


15 


14 


44 


7 


1 


22 


1 


1 


1 


7 


1 


22 


7 


3 


23 


7 


3 


23 


7 


4 


24 


7 


8 


24 


7 


17 


26 


7 


18 


26 


7 


18 


26 


7 


18 


26 


6 


25 


22 


7 


7 


24 


7 


8 


24 


7 


12 


25 


7 


13 


25 


7 


16 


26 


7 


22 


27 


Sc 


1 


46 



6 


18 


20 


7 


2 


23 


7 


3 


23 


7 


3 


23 


7 


2 


23 


7 


1 


22 


7 


1 


22 



cxliv INDEX TO CONSTITUTION OF ARKANSAS. 



Courts, Inferior, Supreme Court to have general supervision and control 
over 

Appeals from 

how constituted 

Jurisdiction of 

General Assembly may provide for establishment, changes of juris- 
diction, or abolition, of. 

Special Judges for 

Terms of 

See, also, Court, Evidence, Jury, Suit, Witnesses, etc. 
Courts, Inferior, Judges of, to be appointed by Governor 

Term of 

Disqualifications of, from presiding at trial 

may temporarily exchange circuits, or hold courts for each 
other 

in charging juries, to declare the law 

Qualifications of * 

Compensation of 

Vacancy in office of, to be filled by Governor 

to be conservators of the peace 

See, also, Judges. 
Credit, Power of cities and incorporated villages to loan, to be restricted by 
General Assembly 

of State or counties, Loan of 

Crime 

No person to be held to answer for, but upon presentment or 
indictment 

of treason against the State, defined 

Punishment of, by involuntary servitude 

infamous, Conviction of, to disqualify as witness, unless by con- 
sent 

Persons convicted of certain species of, disfranchised 

Perjury in taking oaths prescribed by Constitution 

Criminal prosecutions — see Prosecutions, Criminal. 

Cruelty in punishments forbidden 



D. 

Debt, Imprisonment for, prohibited 

fraud in contracting, Arrest of pei'sons charged with 

Reasonable amount of property to be exempt from seizure for ... . 

Powers of cities and incorporated villages to contract, to be 
restricted by General Assembly 

of Corporations, Assumption by the State, of 

seizure for, Exemption of personal property from 

of husband, Wife's separate property when exempted from lia- 
bility for 

Debt, Public 

of State, incurred by action of Convention of 1861, not to be oblig- 
atory 

of State, Gen. Assembly to provide for payment of interest on 

Purposes for which State may contract 

of State, contracted for payment of present outstanding indebted- 
ness, how payable 

Faith of the State pledged for the payment of its r 

Sinking-Fund to be applied to payment of. 

Decisions, Judicial, publication of 

of Supreme Court 



Sec. 



7 


4 


24 


7 


4,15 


24,26 


7 


5 


24 


7 


5 


24 


7 


5 


42 


7 


9 


25 


7 


14 


26 


7 


5 


24 


7 


5 


24 


7 


7 


24 


7 


10 


25 


7 


11 


25 


7 


12 


25 


7 


13 


25 


7 


16 


26 


7 


22 


27 


5 


49 


17 


10 


6 


34 


1 


8 


3 


1 


9 


3 


1 


11 


4 


5 


37 


15 


7 


22 


27 


8 


3 


29 


8 


5 


30 



1 


14 


4 


1 


14 


4 


1 


14 


4 


5 


49 


17 


10 


16 


36 


12 


1 


37 


12 


6 


38 


10 




33 


1 


25 


6 


10 


4 


34 


10 


9,10 


35 


10 


10 


35 


10 


11 


35 


10 


14 


36 


6 


26 


13 


7 


18 


26 



INDEX TO CONSTITUTION OF ARKANSAS. 



cxlv 



Decrees rendered on account of contract for sale of slaves 

Deeds — see Conveyance. 

Defence, common, Right to bear arms for 

in time of war, State may contract debts for 

public, State may assume corporation debts contracted to provide 

for * 

Deficiency in school-fund to be supplied by tax 

in revenue, State may contract debts to supply 

Delegates to Constitutional Convention not precluded from holding 

office 

Denominations of religion to be protected, each, in its own mode of wor- 
ship 

Department, Legislative 

Executive 

Judicial 

Departments of government 

of government, to be held separated 

Detention of witnesses, prohibited 

Devises to the State 

Disabilities — see Disfranchisement. 

Disbursements from Treasury to be made only upon appropriation 

Disburser of public moneys, in arrears, ineligible to General Assembly, or 

to office 

Disease at seat of government, General Assembly may be elsewhere con- 
voked in case of. 

Disfranchisement, Security of the citizen against 

Classes of persons subj ected to 

Support of reconstruction to relieve certain disqualified classes 

from 

Conditions under which General Assembly may relieve from 

Disorderly behavior in presence of either House of General Assembly pun- 
ishable by imprisonment 

Dissent of member of either House of General Assembly, Reasons of, may 

be entered on Journal 

District, Judicial, to be ascertained by law 

Selection of juries from 

Districts, Congressional 

Districts, Representative, re-arrangement of 

not to be divided in the formation of Senatorial districts 

declared 

Districts, Senatorial, Re-arrangement of 

to be composed of convenient contiguous territory 

Numbering of 

declared 

Districts, Removal of Senators and Representatives from 

Dividends, unclaimed, of estates of deceased persons, Proceeds of 

Divorces 

Documents, Official, to be turned over to officers chosen at first election .... 

Public, of Governor, etc., to be kept at seat of government 

Domain, Eminent, Exercise of right of 

Domicil, Soldiers, sailors, and marines, not to acquire, by reason of being 

stationed in State 

Duelling'. 

Due Process of law, Right to 

Dues from corporations, how secured 

Dues to the State, Circulation of banking corporations, issued conformably 

to Constitution, receivable for 

Benefit of homestead-exemption not extended to indebtedness 
for 



Art. 


Seo. 


Pagh 


15 


14 


44 


1 


5, 8 


2,3 


10 


10 


35 


10 


16 


36 


9 


7 


36 


10 


9 


35 


15 


19 


45 


1 


23 


6 


5 




8 


6 




17 


7 


1 


22 


4 


1 


8 


4 


2 


8 


1 


7 


3 


9 


4 


32 


10 


8 


34 


5 


43 


15 


6 


8 


19 


5 


37 


14 


8 


3 


28 


8 


3 


29 


8 


4 


29 


5 


36 


14 


5 


16 


11 


1 


8 


3 


5 


32 


13 


14 


1 


40 


5 


8 


9 


5 


9 


10 


14 


2 


40 


5 


8 


9 


5 


9 


10 


5 


9 


10 


14 


2 


40 


5 


10 


10 


9 


4 


32 


5 


39 


15 


Sc 


11 


49 


6 


18 


20 


1 


15 


4 


8 


2 


28 


1 


22 


6 


1 


9 


3 


5 


48 


16 


5 


50 


17 



12 



cxlvi INDEX TO CONSTITUTION OF ARKANSAS. 

Art. 

Education 9 

to be encouraged by law 1 

essential to preservation of rights and liberties of the people 9 

of children to be made obligatory 9 

Effects to be secure against unreasonable searches and seizures 1 

Elections, Laws regulating, to be enacted 1 

Undue influence at, by bribery, tumult, etc., to be prohibited 1 

Religious test, or property, not to be required as a qualification of 

any voter 1 

Duelling to disqualify from voting 1 

of Representatives : . 5 

of Senators 5 

by either House of General Assembly, or in joint convention of 

same 5 

prevention of frauds in, General Assembly to provide laws for ... . 5 

for vacancies in General Assembly 5 

contested, Compensation and mileage in cases of 5 

for officers of Executive Department 6 

for Governor and Lieutenant-Governor, Case of tie in 6 

for officers of Executive Department, Returns of 6 

Contested, for officei's of Executive Department 6 

to fill vacancies in offices of Secretary of State, Treasurer, Auditor, 

Attornej'-General, and Sup. of Public Instruction 6 

for State, County, and Judicial officers, Returns of 6 

for Justices of Supreme Court 7 

for County Clerks 7 

for Justices of the Peace 7 

by the people to be by ballot 8 

Intoxicating liquors at 8, Sc 

of 1868, No vote for officers already elected, March 13th, 1868, to 

be taken at 15 

general, Time of holding 15 

General, to be biennial 15 

Municipal, for 1868 15, Sc 

Judges of. 15 

Clerks of 15 

Elective Franchise 8 

Electors, Religious test and property qualification not to be required as a 

qualification of. 1 

registration of, General Assembly to provide laws for 5 

Qualifications of. 8 

Privilege of 8 

Oath of 8 

Able-bodied, liable to military duty 11 

only, to sit on juries 15 

Administration of oath to 15 

at polls under Schedule, Qualifications of . Sc 

at polls under Schedule, Quali6cations of, how divided Sc 

Registered, may vote on ratification, at election under Act 

of Congress, in any county where present at time of the elec- 
tion Or 1 53 

Election under Schedule: 

Timeof. Sc 1,4 46,47 

Officers, etc., to be chosen at Sc 1, 4 46, 47 

Constitution to be submitted to people at Sc 1, 4 46, 47 

Who may vote at Sc 2 46 

Style of ballot at Sc 3 46 

Commissioners may appoint Judges and Clerks of. .... . Sc 4 47 

Places and times of Sc 4 47 



Sec. 


Page 




31 


23 


6 


1 


31 


6 


32 


12 


4 


19 


5 


19 


5 


21 


5 


22 


6 


3 


8 


9 


9 


17 


11 


25 


13 


33 


13 


42 


15 


1 


17 


4 


18 


19 


20 


19 


21 


22 


21 


26 


22 


3 


23 


19 


26 


20 


27 


1 


28 


7,15 


30,50 


3 


42 


3 


42 


3 


42 


4,6 


42,47 


22 


45 


22 


45 




28 


21 


5 


25 


13 


2 


28 


6 


30 


5 


29 


1 


36 


20 


45 


22 


45 


10 


48 


12 


49 



INDEX TO CONSTITUTION OF ARKANSAS. cxlvii 



Election under Schedule: 

Returns of 

Contested elections at, how decided 

Contested elections at, for General Assembly, may be referred by 
Commissioners to General Assembly 

Municipal elections 

Contested county elections, Commissioners to appoint Boards to 
decide 

on ratification of Constitution, Power of Commissioners to re- 
view 

Commissioners to declare result of, on ratification 

Certified copy of result of, on ratification, with abstract of vote, to 
be forwarded to President U. S 

Officers elected at, President of Convention to declare 

Persons disfranchised under Constitution, not to vote at 

Qualification of voters at the, how decided 

All voters at, to take electors' oath 

Sale or gift of intoxicating liquors during the 

Election, Commissioners of— see Commissioners of Election. 
Election under Schedule, Clerks of Commissioners of Election may ap- 
point 

Compensation of 

Election under Schedule, Judges of, Commissioners^ of Election may ap- 
point 

to make returns to Commissioners 

to determine qualification of voters at the election 

Compensation of 

Election, under Act Congress, for ratification of Constitution : 

Registered voter may vote at, in any county where he may be at 
time of the election 

Style of ballot at 

No vote for officers to be polled at 

Times and places of, to be designated by Commiss'rs of Election. . 

Secrecy of ballot at 

Election under Act of Congress, Judges of, not to mark or deface, or permit 

to be marked or defaced, any ballot Ord 4 53 

Embezzlement of public funds, Persons convicted of, disfranchised 

Eminent domain, Exercise of right of 

Enemies of the State, Adherence to the 

Enfranchisement — see Disfranchisement. 

Enumeration of inhabitants to be taken every tenth year 

Equality of all men before the law 

of all persons before the law 

of privileges and immunities 

Equity, jurisdiction and proceedings in, Regulation of, by Gen. Assembly . . 

Inferior Courts of, Supreme Court to have supervision and control 

over 

Error, Writs of 

Escheat, Proceeds of lands, etc., accruing to State by 

Estate, forfeiture of, No conviction to work 

real, Conveyance of, to be provided for by general laws 

Estates of infants, and others under legal disabilities 

of deceased persons, Unclaimed shares, etc., of 

Estrays, Proceeds of sales of 

Evidence in criminal prosecutions for libel 

against one's self 

requisite to conviction of treason 

Religious opinion not to disqualify from giving 



Art. 


Sec. 


Pack 


Sc 


5 


47 


Sc 


6 


47 


Sc 


6 


47 


5, Sc 


4,6 


42,47 


Sc 


7 


48 


Sc 


8 


48 


Sc 


9 


48 


Sc 


9 


48 


Sc 


9 


48 


Sc 


10 


48 


Sc 


12 


49 


Sc 


12 


49 


Sc 


15 


50 


Sc 


4 


47 


Sc 


16 


15 


Sc 


4 


47 


Sc 


5 


47 


Sc 


12 


49 


Sc 


16 


50 


Ord 


1 


53 


Ord 


2 


53 


Ord 


2 


53 


Ord 


3 


53 


Ord 


4 


53 



8 


3 


29 


1 


15 


4 


1 


11 


4 


5 


8 


9 


8 


3,5 


29,30 


1 


3 


2 


1 


18 


5 


5 


44 


15 


7 


4 


24 


7 


4 


24 


9 


4 


31 


1 


13 


4 


5 


40 


15 


5 


39 


15 


9 


4 


32 


9 


4 


32 


1 


2 


2 


1 


9 


3 


1 


11 


4 


1 


21 


5 



cxlviii 



INDEX TO CONSTITUTION OF ARKANSAS. 



Art. 

Excliange of circuits by Judges of Inferior Courts 7 

Execution— see Exemption. 
Execution of the laws — see Laws. 

Executive Department , . . . 4, 6 

Officers of 6 

Term of officers of 6 

Officers of, how chosen 6 

Officers of, Governor may require information in writing from .... 6 

Officers of, Returns of elections for 6 

Officers of, how chosen in case of tie 6 

Officers of. Compensation of 6 

Officers of, ineligible to elective offices, during term for Avbich 

chosen 6 

Executive power, Supreme, of State, vested in Governor 6 

Executors, Testimony of, in actions by or against them 7 

Exempted property 12 

Exemption of property from seizure for debt 1 

of public property, etc., from taxation 10 

of personal property from taxation 10, 12 

of personal property from seizure for debt 12 

of homestead from seizure, except for taxes, etc 12 

of homestead, for benefit of widow 12 

of homestead, for benefit of children 12 

of wife's property from liability for husband's debts 12 

Exemption from burden or duty, Xo citizen to enjoy, on account of race, 

etc 1 

from militia duty 11 

Expenditures, Public 10 

of State and County officers, General Assembly may require 

exhibit of. , 10 

Expenses of the State, Revenue to be raised to defray 10 

State may contract debts to supply, not otherwise provided for . . . 10 

incurred under provisions of Schedule, how paid Sc 

Ex post facto laws prohibited 1 

Expulsion of members of General Assembly 5 

Extra sessions of Legislature 6 

F. 

Faith of the State pledged for payment of its debt 10 

Federal Government, Paramount allegiance due to the 1 

Constitutional powers of, how defined 1 

Powers of, to maintain itself 1 

may, constitutionally, employ armed force in compelling, obe- 
dience 1 

Federal Union indissoluble 1 

Attempt to secede from, may, constitutionally, be repressed by 

armed force of U. S 1 

Fees of County Clerks 7 

Felony, Privilege of Senators and Representatives not to extend to 

cases of 5 

Privilege of electors not to extend to cases of 8 

Female, Property of 12 

Feme covert, Separate property of 12 

Feudal tenures prohibited , 1 

Final passage of bills and joint resolutions 5 

Finances, Taxation, Public Debt, and Expenditures 10 

Findings in trials by the Court 7 



Sec. 


Page 


10 


25 


1 


8,17 


1 


17 


1 


17 


1 


17 


4 


18 


19 


20 


19 


21 


14 


22 


25 


22 


2 


18 


22 


27 




37 


14 


4 


2 


34 


1,6 34, 


37,38 


1 


37 


3 


37 


4,5 


38 


5 


38 


6 


38 


3 


2 


1 


36 




33 


7 


34 


4 


34 


9 


35 


17 


50 


13 


4 


14 


11 


6 


18 



11 


35 


1 


1 


1 


1 


1 


2 


1 


2 


1 


2 


1 


2 


19 


26 


12 


10 


6 


30 


6 


38 


6 


38 


24 


6 


2L 


12 




33 


11 


25 






Akt. 


Sec. 


Page 


1 


7 


3 


9 


4 


32 


1 


1 


2 


1 


20 


5 


1 


13 


4 


9 


4 


32 


8 




28 


1 


14 


4 


5 


25 


13 


1 


2 


2 


1 


23 


6 


5 


20 


12 


5 


43 


15 


8 


3 


29 


10 


7 


34 


10 


8 


34 


15 


10 


43 



INDEX TO CONSTITUTION OF ARKANSAS. cxli: 



Fines, Excessive, not to be imposed 

accruing to State, Disposition of 

Force, armed, Employment of, by Federal Government, in compelling obe- 
dience 

Fwt ign-born residents, Eights of 

Forfeiture of estate 

Forfeitures accruing to the State 

Franchise 

Fraud in contracting debt 

in elections, prevention of, General Assemblv to provide laws 

for ■ 

Freedom of the press 

Eeligious 

Free Schools— see Schools. 

Funds, Public, not to be appropriated except by bill 

Holders of, in arrears, ineligible to Gen. Assembly, or to office. . . . 

embezzlement of, Persons convicted of, disfranchised 

in hands of State and county officers, General Assembly may de- 
cide time and manner of accounts for 

Disbursements of, to be only by appropr'ation 

set apart for one purpose, to be used for no other 

See, also, School- Fund, Sinking-Fund, and Trust Funds. 

G. 

GEN T EEAL ASSEMBLY: 

Action of, under authority of Convention of 1861, null and void . . 

Debts of State contracted by, under authority of Convention of 
18G1, never to be recognized as obligatory 

Legislative power of State vested in 

how constituted 

Time and place of meeting of 

Number of members of 

First, when to meet 

Removal of members of, from their districts 

Persons ineligible to 

Privilege of members of 

Members not to be elsewhere questioned for remarks made in .... 

Quorum 

Powers of each House of 

Mode of elections in 

Proceedings of, to be public 

Secret session of either House of 

Adjournments of Houses of 

Bills may originate in either House of 

Bills for raising revenue 

Rules of either House of, suspended by two-thirds vote 

Passage of bills and joint resolutions 

Acts of, to embrace but one subject 

Acts of, when to take effect 

Revision, alteration, or amendment, of laws, by 

Introduction of bills during last three days of.session of 

Style of laws 

Bills and concurrent resolutions, except of adjournment, to be pre- 
sented to Governor for approval 

Proceedings of, upon bills and concurrent resolutions, after 
veto 

Effect of such adjournment of, as to prevent prescribed return of 
bills by Governor 



1 


25 


6 


1 


25 


6 


5 


1 


8 


5 


1 


8 


5 


2. 


8 


5 


7 


9 


5 


2 


8 


5 


10 


10 


5 


11,43 


10,15 


5 


12 


10 


5 


12 


10 


5 


13 


10 


5 


14 


11 


5 


17 


11 


5 


18 


11 


5 


18 


12 


5 


18 


12 


5 


19 


12 


5 


19 


12 


5 


21 


12 


5 


21 


12 


5 


22 


12 


5 


22 


12 


5 


23 


12 


5 


24 


12 


5 


27 


13 


5 


35 


14 


5 


35 


14 


5 


35 


14 



5 


36 


84 


5 


43 


15 


5 


42 


15 


5 


51 


17 


6 


4 


18 


6 


6 


18 


6 


7 


18 


6 


8 


19 


10 


5 


34 


13 


1 


39 


14 


2 


40 


15 


3 


42 


15 


7 


42 


15 


8 


43 


Sc 


1,4 


46,47 



cl INDEX TO CONSTITUTION OF ARKANSAS. 

Art. Sec. Page 

General, Assembly: 

Power of either House of, to imprison for contempt 

Holders of public moneys, in arrears, ineligible to 

Compensation and mileage in case of contested election for 

Final adjournment of, to be at 12, M '. 

to choose Governor and Lieutenant-Governor in case of tie 

Extra sessions of 

Messages of Governor to 

may, in cases stated, be convoked elsewhere than at seat of 
government ^ 

Laws imposing tax, to state distinctly object of the same 

Action of, upon Amendments to Constitution, proposed by pre- 
ceding Legislature 

Apportionment of members of 

Time of election for members of 

Compensation of members of 

Mileage of members of 

First election for 

Commissioners of election may decide contested elections for, or 
may refer the same to General Assembly Sc 6 47 

Duties Obligatory. 
General Assembly : 

[For obligations binding on the Government, to protect the 
fundamental rights and privileges of the citizen, see Art. I of 
the Constitution, passim.] 

to pass laws regulating elections 1 19 § 

to prohibit, under adequate penalties, all undue influences at elec- 
tions, from bribery, tumult, or improper conduct 

to pass laws for protection of religious liberty 

to pass laws for the encouragement of education 

to provide, by law, for census in 1875, and every tenth year there- 
after 

to prescribe manner in which State printing shall be executed 

Journal to be kept by each House of, etc 

to enact, and publish at length, acts revised, and sections of acts as 
altered or amended 

at first session, to provide laws for registration of electors 

to provide laws for prevention of frauds in elections 

to provide for speedy publication of public statutes, and judicial 
decisions 

to enact a penal code 

by general laws, to provide for change of venue in criminal or 
penal prosecutions 

to provide concerning selection of juries 

to provide for issue of writs of election to fill vacancies in either 
House 

to reconsider bills and concurrent resolutions after veto 

by general laws, to confer power on courts to grant divorces 

by general laws, to confer power on courts to change names of indi- 
viduals 5 39 15 

by general laws, to confer power on courts to direct sales of estates 
of infants or others under legal disabilities 

by general laws, to provide for conveyances of real estate 

by general law, to provide for vacation or alteration of roads or 
streets ; 

to prohibit sale of lottery tickets 

to provide for bringing of suits by and against the State 

to provide for maintenance of paupers 



1 


19 


5 


1 


23 


6 


1 


23 


6 


5 


8 


9 


5 


15 


11 


5 


16 


11 


5 


23 


12 


5 


25 


13 


5 


25 


13 


5 


26 


13 


5 


29 


13 


5 


30 


13 


5 


32 


13 


5 


33 


13 


5 


35 


14 


5 


39 


15 



5 


39 


15 


5 


40 


15 


5 


40 


15 


5 


41 


15 


5 


45 


16 


5 


46 


16 



5 


49 


16 


5 


49 


17 


6 


4 


18 


6 


9 


19 


6 


19 


21 


6 


19 


21 


6 


24 


22 


7 


14 


26 


8 


7 


30 


9 


1 


31 



INDEX TO CONSTITUTION OF ARKANSAS. cli 

Art. Sko. Page 

General Assembly: 

by general laws, to provide for organization of cities and incor- 
porated villages 

to restrict the powers of cities and incorporated villages 

to choose Governor and Lieutenant-Governor in case of tie 

to direct course to be taken in each case of conviction for treason, 
reported by Governor 

in case of tie, to elect, by joint vote of both Houses, officers of 
Executive Department 

to determine contested elections for officers of Ex. Department. . . . 

to establish, by law, the compensation of officers of Ex. Dept 

to prescribe terms of inferior courts 

to afford protection against evils arising from intoxicating liquors 
at elections 

to establish and maintain a system of free schools 

to provide salary and prescribe duties of Superintendent of Public 

Instruction 9 2 31 

to establish and maintain a State University, as soon as Public- 
School-Fund will permit 9 3 31 

to require attendance of children on public schools 9 6 32 

to provide, by taxation, for supplying deficiency in School-Fund . . 9 7 33 

to reduce county school-funds, when practicable, into Public- 
School-Fund . ." 9 8 33 

to provide, by general laws, for taxation to build and furnish, 
school-houses 

to tax, by uniform rale, all property not specially exempted 

to provide for appointment of appraiser of property 

to provide for equal taxation of property employed in banking,_with 
that imposed on other property of individuals 

to provide for raising revenue 

to provide for paying interest on State debt 

to create Sinking-Fund for payment of State debt 

to provide for raising and disbursing Sinking-Fund 

to tax occupations, etc., of no real use to society 

to provide for organizing, equipping, and disciplining militia 

to pass laws providing for registration of wife's separate prop- 
erty 12 6 38 

to refer to next Legislature, amendments proposed to Constitu- 
tion 13 1 39 

to submit to the people, proposed amendments to Constitution, 
upon ratification by two successive Legislatures 13 1, 2 39 

to define powers and duties of officers, in cases not otherwise pro- 
vided for 15 2 41 

to provide suitable compensation for all officers 15 2 41 

to provide suitable compensation for Commissioners of Codifica- 
tion 15 11 43 

Powers Discretionary. 
General Assembly : 

General legislative power of State vested in 

may make minor offences cognizable by Justices of the Peace .... 
may provide for arrest of persons charged with fraud in contracting 

debt 

may by law alter time of meeting 

may re-arrange, after each census, Senatorial and Representative 

districts 

Powers of each House of 

may provide for county, township, or precinct governments 

may authorize appeals in criminal or penal cases 



9 


9 


33 


10 


2 


33 


10 


2 


34 


10 


3 


34 


10 


4 


34 


10 


4 


34 


10 


11 


35 


10 


12 


36 


10 


17 


36 


11 


2 


37 



5 


1 


8 


1 


9 


3 


1 


14 


4 


5 


2 


8 


5 


8 


9 


5 


14 


11 


5 


28 


13 


5 


31 


13 



5 


31 


13 


5 


34 


13 


5 


34 


13 


5 


36 


14 


5 


44 


15 


5 


48 


16 


5 


48 


16 



clii INDEX TO CONSTITUTION OF ARKANSAS. 

Art. Sec. Page 

General Assembly : 

may regulate right of challenge of jurors 

may declare cases in which offices shall be deemed vacant 

may provide for manner of filling vacancies in office, where no pro- 
vision is made in Constitution 

Either House of, may, during its session, imprison, for contempt, 

an} 7 person not a member 

ma}', subject to provisions of Constitution, alter and regulate juris- 
diction and proceedings in law and equity 

may enact general laws for formation of corporations 

may alter or repeal general laws for formation of corporations 

may pardon, commute, direct execution, or reprieve, in each case 

of conviction for treason, reported by Governor 6 9 19 

maj r require Secretary of State to produce record of official acts 
and proceedings of Governor, and all papers, minutes, and 

vouchers, relative thereto 

may provide, as they may see fit, respecting appointment of Com- 
missioner of Public Works and Internal Improvements 

may provide concerning office of Commissioner of Immigration and 

of State Lands 

may prescribe additional duties of Commissioner of Public Works 

and Internal Improvements 

may establish inferior courts 

Powers of the two Houses of, respectively, in matter of impeach- 
ment 

may provide for holding terms of Supreme Court at three places 

other than seat of government 

may provide for establishment of inferior courts, changes of juris- 
diction, or abolition of existing inferior courts 

may provide (not interfering with term of any Judge) concerning 

term of office of Judges of inferior courts 

may direct manner of publication of decisions of Supreme 

Court 

may, under conditions, enfranchise certain classes from disfran- 
chisement 

may provide additional officers for supervision of public schools. . . 
may make appropriation from ordinary annual revenue of State, 

toward maintenance of free schools and University 

may prescribe manner and time of sale of stocks belonging to 

School or University Fund 

may prescribe manner of appraisement of personal property 

may exempt from taxation, five hundred dollars of personal prop- 
erty to each tax-payer 

may, by law, require exhibit of accounts of State and county 

officers 

may contract State debts, to repel invasion, suppress insurrection, 
preserve public peace, defend State in time of Avar, or redeem 

present outstanding indebtedness of State 

may direct mode of application of Sinking-Fund 

may appropriate moneys to payment of State debt 

may prescribe conditions of exemption, on grounds of conscience, 

from militia duty 

Amendments to Constitution may be proposed in either House of. . 
may, at first session after adoption of Constitution, re-arrange Con- 
gressional districts 

may determine mode of filling vacancies in office, in, cases not 

otherwise provided for 

may determine mode of choosing necessary officers, prescribe their 
powers and duties, and provide suitable compensation, in cases 
not otherwise provided for 15 2 41 



6 


20 


21 


6 


23 


21 


6 


23 


22 


6 


23 


22 


7 


1 


22 


7 


2 


23 


7 


3 


23 


7 


5 


24 


7 


5 


24 


7 


18 


26 


8 


4 


29 


9 


2 


31 


9 


4 


32 


9 


5 


32 


10 


2 


34 


10 


2 


34 


10 


7 


34 


10 


10 


35 


10 


14 


36 


10 


14 


36 


11 


1 


37 


13 


1 


39 


14 


1 


40 


15 


2 


41 



15 


7 


42 


15 


8 


43 


15 


10 


43 


15 


15 


44 



1 


13 


4 


1 


18 


5 


1 


25 


6 


5 


8 


9 


5 


9 


10 


5 


15 


11 



INDEX TO CONSTITUTION OF ARKANSAS. cliii 

Art. Sec. Paqe 

General Assembly: 

may provide for election of township and precinct officers 15 5 42 

may provide for change in manner of appointment of Prosecuting 
Attorneys 15 6 42 

may, with limitation specified, prescribe compensation of Senators 
and Representatives 

may alter mileage of Senators and Representatives 

may specially authorize diversion of public funds, by the Legisla- 
ture set apart for special purposes, to other objects 

may adopt a new Seal of the State 

may, by general law, declare legal rate of interest, when not speci- 
fied in contracts 15 21 45 

Powers Denied. 
General Assembly : 

[For powers denied to the Government, as in contravention of the 
fundamental rights and privileges of the citizen, see Art. I of the 
Constitution, passim.] 

not to pass attainder, or laws ex post facto, or impairing obligation 
of contracts 

not to discriminate between citizens in grants of privileges or im- 
munities 

to pass no law recognizing obligation of debts of State incurred by 
or under authority of Convention of 1861 

not to change apportionment till after census of 1875 

Representative district not to be divided in the formation of a Sen- 
atorial district 

not to rescind or alter contracts for printing 

not to release contractors for State printing, or their securities, from 

performance of provisions of contract 5 15 n 

Neither House of, to adjourn, without consent of the other, for 
more than three days, nor to any place other than where General 
Assembly may then be in session 

not to make appropriations except by bill 

not to revise or amend laws by reference to title only 

not to change the venue in criminal or penal prosecution 

Neither House of, to imprison, for contempt, for over twenty-four 
hours 5 36 14 

not to disfranchise or deprive of any privilege secured, any 
citizen 

Slavery and involuntary servitude, except for crime, prohibited . . . 

not to make compensation for emancipated slaves 

not, by special legislation, to grant divorces 

not, by special legislation, to change names of individuals 

not, by special legislation, to direct sales of estates of infants or 
others under legal disabilities 5 39 15 

not, by private or special law, to authorize conveyance of real 
estate 

not, by private or special law, to vacate or alter roads or streets . . . 

not to authorize any lottery 

not to authorize municipal corporations to pass laws contrary to 

general laws of State 5 47 ig 

not to authorize municipal corporation to levy tax exceeding two 
per cent, of assessed value 

not to pass special act conferring corporate powers 

Conditions to be observed in general laws for formation of corpora- 
tions 

not to appropriate right of way to any corporation, without full 

compensation paid or secured 

20 



5 


18 


12 


5 


20 


12 


5 


23 


12 


5 


30 


13 



5 


37 


14 


5 


37 


15 


5 


38 


15 


5 


39 


15 


5 


39 


15 



5 


40 


15 


5 


40 


15 


5 


41 


15 



5 


47 


16 


5 


48 


16 


5 


48 


16 


5 


48 


16 



cliv INDEX TO CONSTITUTION OF ARKANSAS. 



50 


17 


24 


22 


25 


22 


5 


24 



Art. Sec. Page 

General Assembly : 

Conditions to be observed in laws for formation of banking corpora- 
tions 

not to diminish compensation of officers of Executive Department, 
during term for which elected or appointed 

may not elect to office, any officer of Executive Department, 
or Judge of Supreme Court, during term for which he was 
chosen > 

not to interfere with term of office of any Judge 

not to diminish compensation of Judges during their term of 
office 7 13 25 

not to enfranchise those who, after framing of Constitution, oppose 
reconstruction 8. 4 29 

not to levy poll-tax, but for school purposes 10 1 33 

not to tax burying-grounds, public-school-houses, houses used 
exclusively for public worship, institutions of purely public 
charity, or public property used exclusively for public pur- 
poses 10 2 34 

not to loan credit of State, without consent of the people 10 6 34 

not to appropriate money arising from creation of debts contracted 
to supply deficits in revenues, etc., except for purposes for which 
obtained, or for payment of debt so contracted * . . . 10 9 35 

not to appropriate money arising from contraction of debts to < 

repel invasion, etc., or redeem present outstanding indebted- 
ness of State, to any purpose other than that for which it was 
raised 10 10 35 

State debts contracted by, to redeem present outstanding indebted- 
ness, to be contracted not otherwise than as payable by Sinking- 
Fund 10 10 35 

not to appropriate, to payment of State debt, School and Trust 
Funds held by State 10 14 36 

not to assume, on behalf of State, debts of county or other corpora- 
tions, unless created to repel invasion, suppress insurrection, or 
provide for public welfare and defence 10 16 36 

not to tax occupations, etc., of any real use to society 10 17 36 

not to interfere with term of any appointed Prosecuting At- 
torney 15 6 42 

not to prescribe increase of compensation of Senators and Rep- 
resentatives, to take effect until expiration of term of Representa- 
tives 

to establish no new county of less than six hundred square miles. . 

not to reduce established county to less than six hundred square 
miles 

not to limit rate of interest for which individuals may contract 

Reports to. 
General Assembly, Reports to : 

by Governor, in form of message 

by Governor, in cases of conviction for treason 

by Governor, of each case of pardon, etc 

by Secretary of State, of records, etc., on demand 

by Commissioners of Sinking-Fund 

by Commissioners of Codification 

See, also, Senate, Senators, Representatives House of, and Representatives. 

Gifts to the State 

God 

Government, Object of 

Right of the people to alter or reform ; . . . 



15 


7 


42 


15 


12 


43 


15 


12 


43 


15 


21 


45 



6 


7 


18 


6 


9 


19 


6 


9 


19 


6 


20 


21 


10 


13 


35 


15 


11 


43 


9 
Pr 


4 


32 

1 


1 




1 


1 


1 


1 



INDEX TO CONSTITUTION OF ARKANSAS. civ 



Government, good, Religion, morality, and knowledge essential to 

Government, Federal, Paramount allegiance due to the 

Constitutional powers of, how defined 

Government, Seat of 

Executive officers to reside at 

Public records, etc., pertaining to Governor, etc., to be kept at 

Governments, County, township, and precinct 

Governor, Bills and concurrent resolutions, except of adjournment, to be pre- 
sented to, for approval *. 

to sign bills if he approve them 

to return bills of which he may disapprove, with his objections, to 
House in which they originated 

Bills not returned by, within three days (with exceptions stated), 
to become laws 

may approve, etc., within three days after adjournment, bills passed 
during last three days of session 

an officer of Executive Department 

Term of office of 

how chosen 

Supreme executive power of State vested in 

Qualifications of 

Case of tie in elections for 

to be Commander-in-Chief 

may call out forces of State to execute laws, etc 

to transact all necessary business with State officers 

may require information in writing, of officers of Executive Depart- 
ment 

to see that the laws are faithfully executed 

may convene Legislature on extraordinary occasions 

to communicate information and recommendations by message, to 
General Assembly 6 7 18 

Power of, to convoke General Assembly elsewhere than at seat of 
Government 

Pardoning power of 

on conviction of treason, may suspend execution of sentence until 
report made to General Assembly 

to inform Gen. Assembly concerning each case of pardon, etc 

Impeachment, disability, etc., of 

Vacancy in office of 

Persons ineligible to office of 

Official acts of (except approval of laws) to be authenticated by 
Great Seal of the State 

to appoint Notaries Public 

to sign all commissions to officers under Constitution 

to reside at seat of government 

to keep at seat of government all public records, etc., of his 
office 

Returns of election for 

how chosen in case of tie 

Contested elections for, to be determined by Gen. Assembly 

Sec. of State to keep records of official acts and proceedings of 

Secretary of State to lay before General Assembly, upon demand, 
records of acts, etc., of. 

Compensation of. 

acting, Compensation of 

ineligible to elective office, during term for which chosen 

to fill vacancies in offices of Secretary of State, Treasurer, Auditor, 
Attorney General and Sup. Pub. Instruction 

to appoint Commissioner of Public Works and Internal Improve- 
ments 



Art. 


Sec. 


Page 


1 


23 


5 


1 


1 


1 


1 


1 


1 


3,6 


-8 


8,19 


6 


18 


20 


6 


18 


20 


5 


28 


13 


5 


35 


14 


5 


35 


14 


5 


35 


14 


5 


35 


14 


5 


35 


14 


6 


1 


17 


6 


1 


17 


6 


1 


17 


6 


2 


18 


6 


3 


18 


6 


4,19 


18,21 


6,11 


4,3 


18,37 


6,11 


4,3 


18,37 


6 


4 


18 


6 


4 


18 


6 


5 


18 


6 


6 


18 



6 


8 


19 


6 


9 


19 


6 


9 


19 


6 


9 


19 


6 


10 


19 


6 


11 


19 


6 


13 


20 


6 


15 


20 


6 


16 


20 


6 


17, 26 


20,22 


6 


18 


20 


6 


18 


20 


6 


19 


20 


6 


19 


21 


6 


19 


21 


6 


20 


21 


6 


20 


21 


6 


24 


22 


6 


14 


20 


6 


25 


22 


6 


22 


21 


6 


23 


21 



Art. 


Sec. 


Page 


7 


2 


23 


7 


3 


23 


7 


5 


24 


7 


7 


24 


7 


16 


26 


10 


12 


35 


15 


5 


42 


15 


6 


42 


Sc 


1 


46 


Sc 


10 


48 


1 


9 


3 


1 


24 


6 


9 


4 


32 


Pr 




1 


6,15 15, 


17,15 


20,44 


1 


4 


2 


7 


22 


27 


8 


3 


28 


8 


3,4 


29 



clvi INDEX TO CONSTITUTION OF ARKANSAS. 



Governor liable to impeachment 

to appoint Chief Justice of Supreme Court 

to appoint Judges of inferior courts 

to commission special Judges for Supreme Court 

to fill vacancies in office of Judge 

to be one of the Commissioners of the Sinking Fund 

to appoint township and precinct officers, till General Assembly- 
shall provide for election 

to appoint Prosecuting Attorneys . .• 

First election for 

when to enter upon duties of office 

Grand Jury, Presentment or indictment of, requisite to criminal prosecu- 
tions 

Grants of land for more than twenty-one years 

to the State 

Gratitude to God 

Great Seal of the State 

Grievances, redress of, Eight to petition for 

Guardians, Testimony of, in suits for or against them 

Guerillas disfranchised 

Conditions of restoration of franchise to 

H. 

Habeas Corpus 

Homestead of head of family not to be encumbered, except for taxes, etc 

Homestead Exemption „ 

for benefit of widow 

for benefit of children during minority 

House of Representatives — see Representatives, House of. 

Houses not to be searched without due warrant 

of worship exempt from taxation 

Husband, Wife's separate property not to be liable for debts of, unless en- 
trusted to his management or control 12 6 38 

I. 

Idiots not allowed the elective franchise 

Immigration, Commissioners of 

Immunity, Citizens to be deprived of no, on account of race, etc 

Immunities, Equality of 

civil and political, Voter's oath to attempt to deprive no person of, 

on account of race or color 

Impeachment, Action of Grand Jury not requisite to 

Case of, an exception to pardoning power of Governor 

of Governor 

of Lieutenant Governor .• 

Vacancies occasioned by, of Sec. of State, Treasurer, Auditor, Att. 
Gen., or Supt. of Pub. Instruction, how filled 

Court of, Judicial power vested in Senate when sitting as 

Sole power of, to be in House of Representatives 

to be tried by the Senate 

Proceedings in trial of 

Officers liable to 

Judgment in cases of 

Neither conviction nor acquittal in, to absolve from indictment, 

trial, and judgment, according to law 

Imprisonment for debt prohibited 

of persons charged with fraud in contracting debt, General Assem- 
bly may provide for 1 14 



1,7 


9,4 


4,24 


12 


2 


37 


12 


3 


37 


12 


4,5 


38 


12 


5 


38 


1 


12 


4 


10 


2 


34 



8 


3 


29 


6 


23 


22 


1 


3 


2 


1 


18 


5 


8 


5 


30 


1 


9 


3 


6 


9 


19 


6 


10 


19 


6 


11 


19 


6 


22 


21 


7 


1 


22 


7 


2 


23 


7 


2 


23 


7 


2 


23 


7 


2 


23 


7 


2 


23 


7 


2 


23 


1 


14 


4 



INDEX TO CONSTITUTION OF ARKANSAS. 



clvii 



Imprisonment for contemptuous behavior in General Assembly 

Improvements on homestead, Homestead not exempt from sale for payment 

of 

Indebtedness, Outstanding, of State, Debts may be contracted to redeem 

Faith of the State pledged to payment of. 

Sinking-Fund to be applied to payment of 

Indentures effecting involuntary servitude, prohibited 

of persons, executed out of State, or for more than one year, in- 
valid 

of apprenticeship 

Indictment or presentment of grand jury requisite to criminal prosecu- 
tions 

Style of 

Ineligibility to General Assembly of U. S., State or County officers (with ex- 
ceptions stated) 

to office of Governor, of Members of Congress, or U. S. or State 

officers 

of holders of public moneys, in arrears, to office, or General Assem- 

biy 

to elective offices, of Officers of Executive Department, and Judges 
of Supreme Court, during time for which chosen 

Classes ineligible to any office .... 

Infamy to disqualify as witness, unless by consent 

Infants, Sales of estates of 

Inferior Courts — see Courts, Inferior. 

Inhabitants of State, Enumeration of the, to be taken every tenth year 

Injuries, Right to remedy for 

Insane persons not allowed the elective franchise 

Inspectoi' of elections under Ordinance, not to mark, deface, or permit to be 

marked or defaced, any ballot 

Instruction to Representatives, Right of 

Means of, to be encouraged by law 

Public, Superintendent of — see Superintendent. 

gratuitous, General Assembly to provide for 

Instructions of the Court, in trials by jury 

Instruments, No distinction to exist between sealed and unsealed, in con- 
tracts between individuals 

Instruments of writing — see Conveyance. 
Insurrection, Suppression of 

State may contract debts to suppress 

State may assume corporation debts created for suppression of 

Interest on State debt 

rate of, Laws regulating 

of Judge in event of a cause, to disqualify from presiding at 
trial 

in result of suit not to disqualify as witness 

Internal Improvements, Commissioner of Public Works and 

Intoxicating liquors at elections 

at election under provisions of Schedule 

Invasion, Suspension of habeas corpus in case of 

Governor may call out Military to repel 

State may contract debts to repel 

State may assume corporation debts created to repel 

Investment of school-fund 

Involuntary servitude, except for crime, prohibited 



Art. 


Sec. 


Page 


5 


36 


14 


12 


3 


38 


10 


10 


35 


10 


11 


35 


10 


14 


36 


5 


37 


15 


15 


13 


44 


15 


13 


44 


1 


9 


3 


7 


6 


24 


5 


11 


10 


6 


13 


20 


5 


43 


15 


6 


25 


22 


8 


3 


28 


7 


22 


27 


5 


39 


15 


5 


8 


9 


1 


10 


4 


8 


3 


29 


Or 


4 


53 


1 


4 


2 


1 


23 


6 


9 


1 


31 


7 


11 


25 



15 



16 



a 



6,11 


4,3 


18,37 


10 


10 


35 


10 


16 


36 


10 


4,11 


34,35 


15 


21 


45 


7 


7 


24 


7 


22 


27 


6 


23 


21 


8 


7 


30 


Sc 


15 


50 


1 


9 


4 


6,11 


4,3 


18, 37 


10 


16 


35 


10 


16 


36 


9 


4,5 


32 


5 


37 


15 



J, 



Jayhawkers disfranchised 

Conditions of restoration of franchise to . 



3 
3,4 



clviii 



INDEX TO CONSTITUTION OF ARKANSAS. 



Jeopardy of life or liberty, No person to be twice put in, for same 

offence 

Joint Convention of two Houses of General Assembly, Elections in 

Joint Resolutions — see Resolutions, Joint. 
Joint votes of two Houses of General Assembly — see General Assembly. 
Journal, Reason for expulsion of member, to be entered on, of Senate or 

House 

of proceedings to be kept by each House of Gen. Assembly 

to be published 

Yeas and nays to be entered on, at request of five members 

Protests may be entered on 

Governor's objections to bills and concurrent resolutions disap- 
proved, to be entered on , 

Yeas and nays on final passage of bills to be entered on 

Proposed amendments to Constitution to be entered on 

Yeas and nays on vote upon reconsideration of bills, in case of veto, 

to be entered on 

Judges, Disqualifications of, from presiding at trial 

in charging juries, to declare the law 

Qualifications of 

Compensation of 

Vacancy in office of, to be filled by Governor 

to be conservators of the peace 

Judges of Supreme Court — see Court, Supreme, Justices of. 
Judges of Inferior courts — see Courts, Inferior, Judges of. 
Judges of elections — see Elections, Judges of. 
Judges, Special — see Special Judges. 

Judgment in cases of impeachment 

in inferior courts may be brought, by writ of error or appeal, to 

Supreme Court 

Judgments rendered on account of contract for sale of slaves 

Judicial decisions — see Decisions, Judicial. 

Judicial Department v 

Judicial districts — see Districts, Judicial. 

Judicial power, where vested 

Judiciary 

Juries, Selection of 

Instructions to 

Electors, only, qualified to sit on 

Jurors, Challenge of 

Electors, only, qualified as 

Jury 

Right of trial by 

Right of trial by, to extend to all cases at law 

Trial by, may be waived 

to be of county or district wherein crime committed 

Grand, Presentment or indictment of, requisite to criminal prosecu- 
tions 

for ascertainment of compensation for right of way to corpora- 
tions 

Division of opinion of, in criminal prosecution 

Jurisdiction in law and equity, Regulation of, by General Assembly 

of Supreme Court 

of Inferior Courts , 

of Justices of the Peace 

Justice, Right to obtain 

civil, Characteristics of 

Justice, Chief —see Chief Justice. 

Justices of Supreme Court — see Supreme Court, Justices of 



Art. 



Sec. 



17 



1,5 


1,14 


11 


5 


16 


11 


5 


16 


11 


5 


16 


11 


5 


16 


11 


5 


35 


14 


5 


21 


12 


13 


1 


39 


5 


35 


14 


7 


7 


24 


7 


11 


25 


7 


12 


25 


7 


13 


25 


7 


16 


26 


7 


22 


27 



7 


4 


24 


15 


14 


44 


4 


1 


8 


7 


1 


22 


7 




22 


5 


32 


13 


7 


11 


25 


15 


20 


45 


5 


31 


13 


15 


20 


45 


1 


9 


3 


1 


6,8 


2,3 


1 


6 


2 


1 


6 


2 


1 


8 


3 


1 


9 


3 


5 


48 


16 


1 


9 


3 


5 


44 


15 


7 


4 


24 


7 


5 


24 


7 


20 


27 


1 


10 


4 


1 


10 


4 



INDEX TO CONSTITUTION OF ARKANSAS. 



clix 



Justices of the Peace, Offences cognizable by 

Certain acts of, not rendered invalid by reason of invalidity of Con- 
vention of 1861, etc 

Appeals from judgment of 

how chosen 

Term of office of 

Jurisdiction of 

K. 

Knowledge essential to good government 

Diffusion of, essential to preservation of rights and liberties of the 
people 



Art. 


Sec. 


Page 


1 


9 


3 


1 


25 


7 


7 


15 


26 


7 


20 


27 


7 


20 


27 


7 


20 


27 



31 



Labor, Homestead not exempt from sale for payment of 

Laborers' 1 liens 

Lands, Tenure of. 

Leases and grants of, for more than twenty-one years 

accruing to State, by escheat 

donated for school purposes, Proceeds of 

granted by U. S., Proceeds of 

Lands, State, Commissioner of - 

Larceny, Petit 

Law, Counties and judicial districts to be ascertained by 

due process of, Right to 

Requisites to enactment of, in case of veto 

Bill not returned by Governor within three days (with exceptions 
stated) to become 

Act passed during last three days of session to become, upon ap- 
proval, etc., of Governor *. 

jurisdiction and proceedings in, Regulation of, by General As- 
sembly 

Laws, of the U. S., forcible resistance to, may, constitutionally, be repressed 
by armed force 

Remedy in, for injuries and wrongs 

Justice to be administered conformably to 

Bill of attainder prohibited 

Ex post facto, prohibited 

impairing obligation of contracts, prohibited 

regulating elections, to be passed , 

for the protection of religious liberty, to be passed 

to encourage education, to be passed 

Concurrence of majority of members of General Assembly voting, 
requisite to enactment of 

not to take effect until ninety days after adjournment of General 
Assembly, unless otherwise provided 

Revision, alteration, or amendment of. . , 

for registration of electors 

for prevention of frauds in elections 

public, Publication of. . . «, 

of the State, Style of 

providing for county, township, or precinct governments 

for regulation of issue of writs to fill vacancies in General As- 
sembly 

private, Certain species of, prohibited 

of municipal corporations not to conflict with general laws of 
State 

for formation of corporations may be altered or repealed 



12 


3 


38 


12 


2,3 


37,38 


1 


24 


6 


1 


24 


6 


9 


4 


31 


10 


15 


36 


9 


4 


31,32 


6 


23 


22 


1 


9 


3 


1 


8 


3 


1 


9 


3 


5 


35 


14 



35 



35 



U 



14 



14 



15 



1 


1 


2 


1 


10 


4 


1 


10 


4 


1 


13 


4 


1 


13 


4 


1 


13 


4 


1 


19 


5 


1 


23 


6 


1 


23 


6 


5 


21 


12 


5 


22 


12 


5 


23 


12 


5 


25 


13 


5 


25 


13 


5 


26 


13 


5 


27 


13 


5 


28 


13 


5 


33 


13 


5 


39,40 


15 


5 


47 


15 


5 


48 


16 



clx 



INDEX TO CONSTITUTION OF ARKANSAS. 



Art. 


Sec. 


Page 


5,11 


4,3 


18,37 


6 


5 


18 


10 


5 


34 


15 


11 


43 


15 


16 


44 


15 


21 


45 



24 



Laws, Governor may call out military and naval forces to execute the 

execution of the, Duty of Governor respecting 

imposing taxes, to state the object thereof 

Statute, Codification of 

not in conflict with Constitution to remain in force 

regulating rate of interest 

General, to be passed by General Assembly — see General Assembly, 
under head of Duties, Obligatory. 

Leases of land for more than twenty-one years 

Legislation, Special — see Special Legislation. 

Legislative Department 

power vested in General Assembly 

Legislature — see General Assembly. 
Levy of taxes — see Taxes. 

Levying war against the State 

Liability of stockholders 

Libel, Criminal prosecutions for 

Truth may be given in evidence, in 

Liberties of the people, Diffusion of knowledge essential to preservation of. . 

Liberty 

of the press, and of speech 

personal, jeopardy of, No person to be twice put in, for same 

offence 

Security for 

Eeligious, to be protected 

Liens, Laborers' and mechanics' 

Lieutenant-Governor, an officer of the Executive Department 

Term of office of. 

how chosen 

Qualifications of. 

Case of tie in elections for 

Powers of Governor to devolve upon, in case of impeachment, 

disability, etc., of Governor 

Resignation, etc., of, during vacancy in office of Governor 

to be President of the Senate 

to give casting vote in case of equal division 

Compensation of, while performing office of Governor 

Returns of election for 

how chosen in case of tie 

Contested elections for, to be determined by Gen. Assembly 

First election for 

Life, jeopardy of, No person to be twice put in, for same offence 

Security for 

Liquors, Intoxicating — see Intoxicating Liquors. 

Little Rock, Seat of government to be at 

Loan of credit of cities and incorporated villages, Power to effect to be 

restricted by General Assembly 

of State or county credit 

Loans of banks to be taxed 

Lotteries, General Assembly not to authorize 

Lottery tickets, Sale of, prohibited 

Loyalty, Voter's oath to attempt injury to none on account of 



4,5 


1,- 


8 


5 


1 


8 


1 


11 


4 


5 


48,50 


16,17 


1 


2 


2 


1 


2 


2 


9 


1 


31 


Pr 




1 


1 


2 


2 


1 


9 


3 


1 


9 


3 


1 


23 


6 


12 


2,3 


37,38 


6 


1 


17 


6 


1 


17 


6 


1 


17 


6 


3 


18 


6 


4 


18 


6 


10 


19 


6 


11 


19 


6 


12 


19 


6 


12 


19 


6 


14 


20 


6 


19 


20 


6 


19 


21 


6 


19 


21 


Sc 


1 


46 


1 


9 


3 


1 


9 


3 



5 


49 


17 


10 


6 


34 


10 


3 


34 


5 


41 


15 


5 


41 


15 


8 


5 


30 



M. 



Majority of members voting, requisite to enactment of laws. . 
Malfeasance in office, Persons convicted of, disfranchised. . . . 

Mandamus 

Marines acquire no residence by being stationed in the State . 



5 


21 


12 


8 


3 


29 


7 


4 


24 


8 


2 


28 



INDEX TO CONSTITUTION OF ARKANSAS. 



clxi 



Sec. 



Page 



Marriages not invalidated by operation of provision annulling action of 

Convention of 1861, etc 

Mechanics' liens 

Members of Senate and House of Representatives — see Senators, and Rep- 
resentatives. 
Members of Constitutional Convention— see Delegates. 

Messages of Governor to General Assembly 

Mileage in case of contested election for General Assembly 

of Senators and Eepresentatives 

Military subordinate to the civil power 

forces of State, Governor to be Commander-in-Chief of 

forces of State, Governor may call out the, to execute laws, etc 6, 

Military duty, Persons liable to, and exempt from, respectively 

See, also, Army. 
Militia 

in actual service, Offences arising in 

Persons liable to duty in 

Exemption from duty in, on grounds of conscience 

Organization, equipment, and discipline of 

Governor to be Commander-in-Chief of 6, 

Governor may call out, to execute the laws, etc 6, 

Minor offences 

Miscellaneous provisions 

Moneys, Public — see Public Moneys. 

Morality essential to good government 

Motives of publication of matter charged as libellous 

Municipal corporations, Limitation of powers of 

elections for 1868 15, 

Murder 

Persons charged with, when not bailable 



1 


25 


7 


12 


2,3 


37,38 


6 


7 


18 


5 


42 


15 


15 


8 


43 


1 


16 


5 


6 


4 


18 


11 


4,3 


18,37 


11 


1 


36 


11 




36 


1 


9 


3 


11 


1 


36 


11 


1 


37 


11 


2 


37 


11 


4,3 


18,37 


11 


4,3 


18,37 


1 


9 


3 


15 




41 


1 


23 


6 


1 


2 


2 


5 


47 


16 


Sc 


4,6 


42,47 


1 


9 


3 


1 


9 


3 



N. 



Names of individuals, Change of 

National banks exempt from conditions imposed, on banking corporations, 

by this Constitution 

Naval forces of State, Governor to be Commander-in-Chief of 

Governor may call out the, to execute the laws, etc 

Navy of the U. S., in actual service, Offences arising in 

Sailors and marines of, acquire no residence by being stationed in 

the State 

Nominations to the Senate, Votes on, to be by yeas and nays 

Normal instruction, Department of, in State University 

Notaries Public 

Notes discounted or purchased by banks to be taxed 

o. 

Oath or affirmation requisite to issue of warrant 

Mode of administering 

Senators to be upon, in trial of impeachments 

of registration, and before voting 

prescribed by Constitution, Penalty of perjury in taking 

of office 

of Judges and Clerks of Election 

Oath, elector's, Judges of election to administer 

to be administered to all voters at election under Schedule 

Obedience to Federal Government, may, constitutionally, be compelled by 

armed force of U. S 

Occupations, Taxation of 



5 


39 


15 


5 


50 


17 


6 


4 


18 


6 


4 


18 


1 


9 


3 


8 


2 


28 


5 


17 


11 


9 


3 


31 


6 


16 


20 


.0 


3 


34 



1 


12 


4 


1 


4 


5 


7 


2 


23 


8 


5 


29 


8 


5 


30 


15 


17 


44 


15 


22 


45 


15 


22 


45 


Sc 


12 


49 


1 


1 


2 


10 


17 


36 



clxii INDEX TO CONSTITUTION OF AEKANSAS. 

Art. Sec. Page 

Offence, criminal, No person to be held to answer for, but upon presentment 

or indictment 

Offences, Capital 

Persons charged with, when not bailable , 

Office, Religious test or property, not to be required as a qualification for . . 

Duellist disqualified to hold , 

Vacancies in, General Assembly may declare manner of filling, 
where no provision is made in the Constitution 

Vacancies in, General Assembly may declare cases of 

Holders of public moneys, in arrears, ineligible to 

Term of — see Term. 

of Governor, Persons eligible to 

of Governor, Persons ineligible to 

of Lieutenant-Governor, Persons eligible to 

of Governor, Vacancy in 

elective, Officers of Executive Department and Judges of Supreme 
Court ineligible to, during term for which chosen 

of Judge, Vacancy in, to be filled by Governor 

Classes disqualified to hold any 

Oath of 

Members and officers of Convention not precluded from holding . . 

Incumbent of, at date of ratification of Constitution, to vacate, upon 

notice of the election of successor 

Offices not otherwise provided for, Authority of General Assembly respect- 
ing 

Officers, Certain acts of, not rendered invalid by reason of invalidity of Con- 
vention of 1861, etc , 

U. S., State, or County (with exceptions below stated), ineligible to 
General Assembly 

Township, eligible to General Assembly 

of Militia, eligible to General Assembly 

Postmasters eligible to General Assembly 

Notaries Public eligible to General Assembly 

Each House shall choose its own 

of Executive Department 

of State Government; Governor to transact all necessary business 
with 

of Executive Department, Returns of elections of 

of Executive Department, how chosen in case of tie 

of U. S. or State, ineligible to office of Governor 

under Constitution, Commissions issued to 

of Executive Department, Compensation of. 

of Executive Department ineligible to elective offices, during term 
for which chosen 

State, County, and Judicial, Returns of elections for 

Civil, under the State, liable to impeachment 

impeached, liable, also, to criminal prosecution 

State and County, Accounts of 

General Assembh T may determine mode of choosing, in cases not 
otherwise provided for 15 2 41 

Powers and duties of, General Assembly to define, in cases not 
otherwise provided for 

chosen at election of March 13th, 1868, Term of 

Township and precinct, to vacate office thirty days after Constitu- 
tion goes into effect 

township and precinct, Immediate appointment of, by Governor. . . 

township and precinct, Gen. Assembly may provide by Jaw for sub- 
sequent election of 

Compensation of, in what funds payable 



1 


9 


3 


1 


9 


3 


1 


9 


3 


1 


21 


5 


1 


22 


6 


5 


34 


13 


5 


34 


13 


5 


43 


15 


6 


3 


18 


6 


13 


20 


6 


3 


18 


6 


11 


19 


6 


25 


22 


7 


16 


26 


8 


3 


28 


15 


17 


44 


15 


• 19 


45 


Sc 


11 


49 


15 


2 


41 


1 


25 


7 


5 


11 


10 


5 


11 


10 


5 


11 


10 


5 


11 


10 


5 


11 


10 


5 


14 


11 


6 


1 , 


17 


6 


4 


18 


6 


19 


20 


6 


19 


21 


6 


18 


20 


6 


17,26 


20,22 


6 


24 


22 


6 


25 


22 


6 


26 


22 


7 


2 


23 


7 


2 


23 


10 


7 


34 



15 


2 


41 


15 


3 


42 


15 


5 


42 


15 


5 


42 


15 


5 


42 


15 


9 


43 



INDEX TO CONSTITUTION OF ARKANSAS. 



clxiii 



Officers of the State, Oath of office required from 

Term of, to expire Jan. 1, 1873, unless otherwise provided 

of Constitutional Convention not precluded from office 

State and County, First election for 

Who may vote for, at first election 

Manner of balloting for, at first election 

chosen at first election, when to enter on their duties 

in position at date of ratification of Constitution, when to vacate 
office 

not to be voted for at polls provided for in Ordinance 

of election under Ordinance not to mark, deface, or permit to be 

marked or defaced, any ballot 

Opinion, Free communication of 

Opinions of Supreme Court ., 

Dissenting, of Justices of Supreme Court 

Ordinance providing for election under Act of Congress, for ratification of 

Constitution 

Organization of cities and incorporated villages, General Assembly to pro- 
vide for, by general laws 

Overt Act in case of treason 



Art. 


Sec. 


Page 


15 


17 


44 


15 


18 


45 


15 


19 


45 


Sc 


1 


46 


Sc 


2 


46 


Sc 


3 


46 


Sc 


10 


48 


Sc 


11 


49 


Or 


2 


53 


Or 


4 


53 


1 


2 


2 


7 


18 


26 


7 


18 


26 



53 



Papers to be secure against unreasonable searches and seizures 

Public, of Governor, etc., to be kept at seat of government 

Official, to be turned over to officers chosen at first election 

Paramount allegiance due to Federal Government 

Pardoning power 

Pardons, information concerning, to be communicated to General As- 
sembly 

Passage of bills and joint resolutions 

Paupers, maintenance of, General Assembly to provide for 

Peace, time of, Standing army not to be maintained in 

time of, Quartering of troops during 

Peace, Public, Governor may call out military to preserve the 

Judges to be conservators of the 

State may contract debts to preserve the 

See, also, Breach of the Peace. 

Penal code, General Assembly to enact a 

prosecutions, Change of venue in 

cases, Appeals in 

Penalties — see Punishment. 
People of the State of Arkansas, Constitution ordained and established by . 
Government instituted for the protection, security, and benefit of 

the 

Right of the, to alter or reform government 

of a State, power of, to dissolve connection with the Federal Union, 

etc., denied 

of a State, attempt of, to secede, etc., may, constitutionally, be 

repressed by armed force of U. S 

Right of the, to be secure against unreasonable searches and 

seizures 

Commissions to officers under Constitution, to run as in the name 

and by the authority of 

rights and liberties of the, Diffusion of knowledge essential to 

preservation of 

Proposed amendments to Constitution to be submitted to the 

Constitution to be submitted to the, for ratification 

Per diem— see Compensation. 



1 


12 


4 


6 


18 


20 


Sc 


11 


49 


1 


1 


1 


6 


9 


19 


6 


9 


19 


5 


21 


12 


5 


46 


16 


1 


16 


5 


1 


16 


5 


11 


4,3 


18,37 


7 


22 


27 


10 


10 


35 


5 


29 


13 


5 


30 


13 


5 


31 


13 



Pr 



9 
13 

Sc, Or 



1 
1 

1 

2 

4 

20 

31 

39 

46,53 



clxiv 



INDEX TO CONSTITUTION OF ARKANSAS. 



Sec. 


Page 


5 


30 


10 


4 


12 


4 


2 


34 


2 


34 


1 


37 


9 


3 


4 


2 


16 


50 


4,1 


32,33 


1 


33 


1 


33 


1 


1 



Perjury in taking oaths prescribed by the Constitution, Penalties of 8 

Person, Remedy for inj uries to 1 

Security of, against unreasonable searches and seizures 1 

Personal property, Appraisement of, for taxation 10 

Exemption of, from taxation 10 

Exemption of from seizure from debt 12 

Petit Larceny 1 

Petition, Right of 1 

Poll-boohs, Commissioners of election to provide Sc 

Poll-tax for school purposes 9, 10 

grievous and oppressive 10 

not to be levied except for school purposes 10 

Power, political, inherent in the people 1 

of people of a State to dissolve connection with the Federal Union, 

denied 1 

of people of a State to perform act tending to impair, etc., supreme 

authority of U. S., denied 1 

Legislative, vested in General Assembly 5 

Supreme executive, of State, vested in Governor 6 

of pardon, reprieve, and commutation 6 

Judicial, how vested 7 

Powers, Constitutional, of U. S., how denned 1 

of Federal Government to maintain itself 1 

of government, Division of 4 

of each House 5 

Corporate, not to be conferred by special act 5 

of cities and incorporated villages, Restriction of, by General As- 
sembly 5 

Practice, Code of 15 

Preamble 

Precinct governments, General Assembly may provide for 5 

Precinct officers, Term of office of, to expire thirty days after Constitu- 
tion goes into effect 15 

appointed by Governor, Term of office of 15 

Presentment or indictment of grand jury, requisite to criminal prosecu- 
tions 1 

President, pro tempore, of Senate, when to act as Governor 6 

Compensation of, while performing office of Governor 6 

President of Convention to deposit Constitution with Secretary of State and 

transmit copy to President U. S 15 

to transmit copy of Constitution, with abstract of vote thereon, to 

President U. S Sc 

to declare officers elected, at first election under Constitution Sc 

President V. S., Copy of Constitution, with abstract of vote thereon, to be 

transmitted to 15, Sc 

Press, Liberty of the, to remain forever inviolate 1 

Presumption, Great, of guilt of capital offence, to exclude from bail 1 

Printing, State 5 

Private laws, Certain, prohibited 5 

Private property, taken for public use 1 

Privilege t Citizen to be deprived of no, on account of race, etc 1 

of writ of habeas corpus 1 

of Senators and Representatives 5 

Citizens not to be deprived of, but by law of the land, judgment of 

peers, or provisions of this Constitution 5 

of electors 8 

Privileges, Equality of 1 

Taxation of 10 

Proceedings, Journal of, to be kept by each House 5 



1 


12 


1 


8 


2 


18 


9 


19 


1 


22 


1 


1 


1 


2 


1 


8 


14 


11 


48 


16 


49 


17 


11 


43 




1 


28 


13 


5 


42 


5 


42 


9 


3 


11 


19 


14 


20 



41 



9 


48 


9 


48 


1,9 


41,48 


2 


2 


9 


4 


15 


11 


39, 40 


15 


15 


4 


3 


2 


9 


4 


12 


10 


37 


14 


6 


30 


18 


5 


17 


36 


16 


11 



INDEX TO CONSTITUTION OF ARKANSAS. 



clxv 



Proceedings of each House to be public 

of General Assembly after veto 

in law and equity, Regulation of, by General Assembly 

Process, Compulsory, for witnesses, Right of accused to 

Style of. 

due, of law, Right to 

civil, Exemption of members of General Assembly from, during 
session, etc 

civil, Electors privileged from, during attendance at elections 

Proof, Evident, of capital offences, to exclude from bail 

Property, Reasonable amount of, to be exempt from seizure for debt 

Private, taken for public use 

Rights of, of foreign-born residents 

No person to be deprived of, without due process of law 

qualification prohibited 

Remedy for inj ury to 

of corporations to be forever subject to taxation 

Real and personal, to be taxed 

Species of, exempt from taxation 

employed in banking to bear its equal burden of taxation 

Separate, of female 

Property exemption — see Exemption. 

Prosecuting attorneys 

Prosecutions, Criminal, or penal, Rights of accused in 

Change of venue in 

Division of opinion of jury in 

Appeals in cases of 

Selection of juries in cases of 

Jurisdiction of Justices of the Peace in 

Prosecutions fen* libel 

Protests of members of Gen. Assembly may be entered on Journal 

Public good, Right to alter or reform government for the 

assembly, Right of. 

use, Private property taken for 

safety, Suspension of habeas corpus for, in certain cases 

worship, Liberty of, to be protected 

peace, Governor may call out military and naval forces of State to 
preserve 

records, etc., of office of Governor, etc., to be kept at seat of 
government 

Works and Internal Improvements, Commissioner of 

property used exclusively for public purposes, exempt from taxa- 
tion 

Public Debt — see State Debt. 
Public Funds— see Funds, Public. 

Public Instruction, Superintendent of— see Superintendent of Public Instruction. 
Public moneys, Holders of, in arrears, ineligible to General Assembly or to 
office 

to be turned over to officers chosen at first election 

Public Schools — see Schools. 
Publication of sentiment, Freedom of 

charged as libellous 

of Journal of Senate and House of Representatives 

of vote on nominations to Senate 

of acts revised and altered or amended sections of Acts of General 
Assembly 

of statute laws of a public nature 

of judicial decisions 

of laws and judicial decisions to be free to any person 



Art. 


Sec. 


Page 


5 


18 


11 


5 


35 


14 


5 


44 


15 


1 


8 


3 


7 


6 


24 


1 


9 


3 


5 


12 


10 


8 


6 


30 


1 


9 


3 


1 


14 


4 


1 


15 


4 


1 


20 


5 


1 


9 


3 


1 


21 


5 


1 


10 


4 


5 


48 


16 


10 


2 


33 


10 


2 


34 


10 


3 


34 


12 


6 


38 


15 


6 


42 


1 


8,9 


3 


5 


30 


13 


1 


9 


3 


5 


31 


13 


5 


32 


13 


7 


20 


27 


1 


2 


2 


5 


16 


11 


1 


1 


1 


1 


4 


2 


1 


15 


4 


1 


9 


4 


1 


23 


6 


!,H . 


4,3 


18,37 


6 


18 


20 


6 


23 


21 



10 



34 



5 


43 


15 


Sc 


11 


49 


1 


2 


2 


1 


2 


2 


5 


16 


11 


5 


17 


11 


5 


23 


12 


5 


26 


13 


5 


26 


13 


5 


26 


13 



clxvi 



INDEX TO CONSTITUTION OF ARKANSAS. 



Publication of decisions of Supreme Court 

of proposed Amendments to Constitution 

Punishment, Cruel or unusual, not to be inflicted 

for bribery, tumult, and improper conduct at elections 

of duelling 

of contemptuous behavior by others than members, in presence of 
either House of, in Gneeral Assembly 

Eeprieves, pardons, and commutations 

of perjury in taking oaths prescribed by Constitution 

of selling or giving away intoxicating liquor during election under 

Schedule 

Purchase-money of homestead 

Pursuits, Taxation of 



^.RT. 


Sec. 


Page 


7 


18 


26 


13 


1 


39 


1 


7 


3 


1 


19 


5 


1 


22 


6 


5 


36 


14 


6 


9 


19 


8 


5 


30 


Sc 


15 


50 


12 


2,3 


37,38 


10 


17 


36 



Q. 

Qualification for office, Religious test or property not to be required as a . . . 

of voter, Religious test or property, not to be required as a 

Qualifications of Representatives 

of Senators 

of members, Each House of General Assembly to determine for 
itself 

of Governor and Lieutenant-Governor 

, of Judges 

of witnesses 

of electors 

of j urors 

of voters at election for ratification 

See, also, Ineligibility. 

Quartering of troops 

Quorum of Senate and House of Representatives 

Quo Warranto 

R. 

Race, No distinction in point of civil rights and duties, on account of 

Voter's oath never to attempt deprivation of civil rights, etc., on 

account of 

Ratification of proposed amendments to Constitution, by the people 

of Constitution by the people — see Constitution Submission of 
under Schedule and Constitution Submission of under Act of 
Congress. 

Reading of bills and joint resolutions 

Real Estate, Sales of, to be provided for by general laws 

Appraisement of 

Rebellion, Suspension of habeas corpus in case of 

Participators in the, after oath of allegiance, etc., disfranchised. . . . 

Reconsideration of bills, by General Assembly after Governor's veto 

Reconstruction, Persons supporting, relieved from disfranchisement 

General Assembly may not enfranchise those persisting in oppo- 
sition to 

Record, Courts of 

Records, Public, of office of Governor, etc., to be kept at seat of govern- 
ment 

Official, to be turned over to officers chosen at first election 

Redemption of outstanding indebtedness, State may contract debts for 

Redress of grievances, Right to petition for 

of injuries and wrongs 

Reform 



1 


21 


5 


1 


21 


5 


5 


4 


8 


5 


6 


. 9 


5 


14 


11 


6 


3 


18 


7 


12 


25 


7 


22 


27 


8 


2 


28 


15 


20 


45 


Sc 


10,12 


48,49 


1 


16 


5 


5 


13 


10 


7 


4 


24 



8 


5 


30 


13 


1,2 


39 


5 


21 


12 


5 


40 


15 


10 


2 


34 


1 


9 


4 


8 


3 


28 


5 


35 


14 


8 


3 


29 


8 


4 


29 


7 


17 


26 


6 


18 


20 


Sc 


11 


49 


10 


10 


35 


1 


4 


2 


1 


10 


4 


1 


1 


1 



INDEX TO CONSTITUTION OF ARKANSAS. 



clxvii 



Registration of electors, General Assembly to provide laws for 

Classes debarred from 

Oath of 

of wife's separate property 

Religion essential to good government 

Religious test prohibited 

opinion in no case to disqualify witness 

liberty 

denomination, Each, to be protected in peaceable enjoyment of its 

own mode of public worship 

Remedy for injuries and wrongs, Right to . .• 

Removal of Senators and Representatives from their districts 

from the State, of Secretary of State, Treasurer, Auditor, Attornev 
Generator Superintendent of Public Instruction, Vacancies occa- 
sioned by, how filled 

of Governor from office 

of Governor from the State 

Replevin, action of, Jurisdiction of Justices of the Peace in 

Reporter of Supreme Court 

Representative Districts — see Districts, Representative. 

Representatives, instruction to, Right of. 

Representatives, how chosen 

Number of 

Qualifications of 

Term of. 

Removal of, from their districts 

Privileges of 

not to be elsewhere questioned for remarks in either House 

Expulsion of, from House 

Apportionment of 

Compensation of 

Mileage of 

Representatives, House of 

how constituted 

Quorum of 

Less than a quorum of, may adjourn from day to day 

Less than a quorum of, may compel attendance of absent mem- 
bers 

to choose its own officers 

Power of, to determine the rules of its proceedings 

Power of, to judge of the qualifications, election, and return, of its 

members 

Power of. to expel a member 

Power of, to choose its own officers 

Elections in, to be viva voce 

Journal of proceedings of— see Journal. 

Proceedings of, to be public 

Adjournment of 

Secret session of 

Bills for raising revenue to originate in 

Rules suspended by two-thirds of 

Introduction of bills during last three da} r s of session of 

Proceedings of, after veto 

Power of, to imprison for contempt 

Compensation and mileage in case of contested election for 

Holders of public moneys, in arrears, ineligible to 

Amendments to Constitution may be proposed in 

Reprieves 



Art. 


Sec. 


Page 


5 


25 


13 


8 


3 


28 


8 


5 


29 


12 


6 


38 


1 


23 


6 


1 


21 


5 


1 


21 


5 


1 


23 


6 


1 


23 


6 


1 


10 


4 


5 


10 


10 


G 


22 


21 


6 


10 


19 


6 


10 


19 


7 


20 


27 


7 


18 


26 


1 


4 


2 


5 


3 


8 


5 


7 


9 


5 


4 


8 


5 


3 


8 


5 


10 


10 


5 


12 


10 


5 


12 


10 


5 


14 


11 


14 


2 


40 


15 


7 


42 


15 


8 


43 


5 


1 


8 


5 


3 


8 


5 


13 


10 


5 


13 


10 


5 


13 


10 


5 


14 


11 


5 


14 


11 


5 


14 


11 


5 


14 


11 


5 


14 


11 


5 


17 


11 


5 


18 


11 


5 


18 


12 


5 


18 


12 


5 


19 


12 


5 


21 


12 


5 


24 


12 


5 


35 


14 


5 


36 


14 


5 


42 


15 


5 


43 


15 


13 


1 


39 


6 


9 


19 



clxviii 



INDEX TO CONSTITUTION OF ARKANSAS. 



Residence of Senators and Representatives, Removal of, from their dis- 
tricts 

Soldiers, sailors, and marines, not to acquire, by reason of being 

stationed in State 

Residents, foreign-born, Rights of. 

Resignation of Governor 

of Lieutenant-Governor 

Resistance, Forcible, to execution of laws of U. S 

Resolution, No appropriation to be made by virtue of 

Resolutions, Concurrent, except of adjournment, to be presented to Governor 

for approval 

Resolutions, Joint, to be read three times, on different days, in each House 
(unless by suspension of rules) 

not to become laws without concurrence of majority of members of 

General Assembly voting 

Returns of Elections for officers of Executive Department 

for State, County, and Judicial officers 

Returns of election under Schedule 

of municipal elections 

Revenue, General Assembly to provide for 

deficits in, State may contract debts to supply 

Revenue, Bills for raising 

Revision of laws 

Right to alter or reform government 

to free communication of thoughts and opinions 

Citizen to be deprived of no, on account of race, etc 

of peaceable public assembly 

of instruction to representatives 

of petition 

to bear arms 

of trial by jury 

of accused, to speedy and public trial, by jury 

of accused, to be informed of accusation 

of accused, to assistance of counsel 

to bail 

to security against unreasonable searches and seizures 

to remedy for injuries or wrongs 

to obtain justice 

to security against quartering of troops 

of suffrage, to be protected 

of challenge of jurors 

of way, Appropriation of, to use of corporations 

to due process of law 

Rights, Bill of 

civil, Equality of. 

of accused in criminal prosecutions 

of foreign-born residents 

Citizens not to be deprived of, unless by law of the land, judgment 
of peers, or provisions of Constitution 

civil and political, Voter's oath to attempt to deprive no person of, 
on account of race or color 

Diffusion of knowledge essential to preservation of 

Vested, not to be infringed in reducing county school-funds into 
Public School-Fund 

Vested, not to be impaired 

Roads, Vacation and altei-ation of, to be provided for by general laws 

Rules of proceedings, Each House to determine its own 

may be suspended by two-thirds of either House 



Art. 


Sec. 


Page 


5 


10 


10 


8 


2 


28 


1 


20 


5 


6 


10 


19 


6 


11 


19 


1 


1 


. 2 


5 


20 


12 


5 


35 


14 


5 


21 


12 


5 


21 


12 


6 


19 


20 


6 


2(3 


22 


Sc 


5 


47 


Sc 


6 


48 


10 


4 


34 


10 


9 


35 


5 


19 


12 


5 


23 


12 


1 


1 


1 


1 


2 


2 


1 


3 


2 


1 


4 


2 


1 


4 


2 


1 


4 


2 


1 


5 


2 


1 


6 


2 


1 


8 


3 


1 


8 


3 


1 


8 


3 


1 


9 


3 


1 


12 


4 


1 


10 


4 


1 


10 


4 


1 


16 


5 


1 


19 


5 


5 


31 


13 


5 


48 


16 


1 


9 


3 
1 


1 


3 


2 


1 


8 


3 


1 


20 


5 


5 


37 


14 


8 


5 


30 


9 


1 


31 


9 


8 


33 


15 


16 


44 


5 


40 


15 


5 


14 


11 


5 


21 


12 



INDEX TO CONSTITUTION OF ARKANSAS. 



clxix 



S. 

Safety, public, Suspension of habeas corpus for, in certain cases 

Sailors acquire no residence by being stationed in State 

Salary — see Compensation. 

Sales of estates of infants, or others under legal disabilities 

Sales of real estate, to be provided for by general laws 

of public lands. 

of property belonging to School-Fund, how invested 

Schedule 

Expenses incurred under provisions of, how paid 

School-district, Condition of receipt of share of School-Fund, by 

School-Fund, Distribution of 

Sects to have no control of 

how formed 

Poll-tax for 

to be used for no other purposes 

Investment of 

Deficiency in, to be supplied by tax 

Conditions on which distributed to townships, etc 

lands donated toward, Disposition of 

Benefit of homestead exemption not extended to persons indebted 

for dues to 

School-Funds, County, to be reduced, when practicable, into Public-School- 
Fund 

School-houses, General Assembly to provide for building and furnishing .... 

exempt from taxation 

Schools to be encouraged by law 

free, General Assembly to establish and maintain 

Suspension of 

free, Sessions of 

Attendance on, to be made obligatory 

School-system 

Science, Natural, Department of, in State University 

Seal, Great, of the State 

Seal, Courts of record to have a common 

Seals, Private, abolished 

Searches, unreasonable. Security against 

Search-warrant not to issue, except upon probable cause 

Seat of government 

Executive officers to reside at 

Public records, etc., of Governor, etc., to be kept at 

Secession, Right of, denied 

may, constitutionally, be repressed by armed force of U. S 

Convention, Action of, and all action of the State under authority 
thereof (with exceptions stated), null and void 

Voter's oath never to countenance or aid 

Secret session of either House of General Assembly 

Secretary of State, an officer of the Executive Department 

Filing in office of, of bills passed during last three days of session 
of General Assembly 

to keep Great Seal of the State 

Term of office of 

how chosen 

to countersign all commissions to officers under Constitution 

to reside at seat of government 

to keep at seat of government all public records, etc., pertaining to 
his office 

Keturns of election for 

22 



Art. 



Sec. 



Page 



1 


9 


4 


8 


2 


28 


5 


39 


15 


5 


40 


15 


9 


4 


31,32 


9 


5 


32 
4G 


Sc 


17 


50 


9 


6 


32 


9 


1 


31 


9 


1 


31 


9 


4 


31 


9 


4 


32 


10 


4,14 


32,36 


9 


5 


32 


9 


7 


33 


9 


6 


32 


10 


15 


36 



12 



38 



9 


8 


33 


9 


9 


33 


10 


2 


34 


1 


23 


6 


9 


1 


31 


9 


2 


31 


9 


6 


32 


9 


6 


22 


9 




31 


9 


3 


31 


6,15 


15, 17, 15 


20,44 


7 


17 


26 


15 


16 


44 


1 


12 


4 


1 


12 


4 


3,6 


-8 


8,19 


6 


18 


20 


6 


18 


20 


1 


1 


1 


1 


1 


2 


1 


25 


6 


8 


5 


30 


5 


18 


12 


6 


1 


17 


5 


35 


14 


6,15 


15,15 


20,44 


6 


1 


17 


6 


1 


17 


6 


17 


20 


6 


18 


20 


6 


18 


20 


6 


19 


20 



cxxn 



INDEX TO CONSTITUTION OF ARKANSAS. 



Lrt. 


Sec. 


Page 


5 


15 


11 


,5 


17,45 


5,16 



6,11 



10 



4,3 



16 



18 



18,37 



6,11 


4,3 


18,37 


6,15 


15 


20,44 


9 


3 


31 


10 


4 


34 


10 


4 


34 


10 


6 


34 


10 


9,10 


35 


10 


11 


35 


10 


14 


36 



3G 



State, Printing 

Suits by and against the 

Secretary of— see Secretary of State. 

Supreme executive power of, vested in Governor 

military and naval forces of the, Governor to be Commander-in- 
Chief of , 

military and naval forces of, Governor may call out, to execute the 
laws, etc 

Great seal of the 

University 

expenses of the, Revenue to be raised to defray the 

debt, General Assembly to provide for paying interest on 

Loan of credit of. 

may contract debts for purposes specified 

Faith of the, pledged to payment of its debt 

debt, Sinking-Fund to be applied to payment of 

not to assume debts of corporations, unless contracted to repel in- 
vasion, etc 

dues to, Benefit of homestead exemption not extended to persons 

indebted for 

State Lands, Commissioner of 

Statutes, public, Publication of 

Codification of 

Stock companies, Taxation of 

Stockholders, Individual liability of 

Stocks belonging to School- or University-Fund 

Streets, Vacation and alteration of, to be provided for by general laws 

Style of laws 

of commissions 

of writs and other process 

of indictments 

Suffrage, Right of, to be protected 

Suitor may act in proper person or by attorney 

Suits by and against the State 

founded on contracts for sale or purchase of slaves, No court to take 

cognizance of 

Superintendent of Public Instruction, an officer of the Executive Depart- 
ment 

Term of office of 

how chosen 

to reside at seat of government 

to keep at seat of government all public records, etc., pertaining to 
his office 

Returns of election for 

Duties of 

how chosen in case of tie 

Contested elections for 

Death, disability, etc., of. 

Supervision of public schools vested in 

Salary and duties of. 

First election for 

Supersedeas 

Supreme Court— see Court, Supreme. 

Supreme Court, Justices of— see Court, Supreme, Justices of. 
Supreme Authority of the U. S , 

executive power of State vested in Governor 

Sureties for bail 



12 


3 


38 


6 


23 


22 


5 


26 


33 


15 


11 


43 


10 


2 


33 


5 


48,50 


16,17 


9 


5 


32 


5 


40 


15 


5 


27 


13 


6 


17 


20 


7 


6 


24 


7 


6 


24 


1 


19 


5 


7 


21 


27 


1,5 


17,45 


5,16 


15 


14 


44 


6 


1 


17 


6 


1 


17 


6 


1 


17 


6 


18 


20 


6 


18 


20 


6 


12 


20 


6 


21 


21 


6 


19 


21 


6 


19 


21 


6 


22 


21 


9 


2 


31 


9 


2 


31 


Sc 


1 


46 


7 


4 


24 


1 


1 


2 


6 


2 


18 


1 


9 


3 



INDEX TO CONSTITUTION OF ARKANSAS. 



clxxiii 



Art. 



Sec. Page 



T. 

Tax, Municipal corporation not to levy, exceeding two per cent, of assessed 

value 

Tax, Poll-, to be assessed for School-Fund 

grievous and oppressive 

not to be levied but for school purposes 

Taxes, Circulation of banking corporations, issued conformably to provisions 
of Constitution, receivable for 

to be levied by a uniform rule 

upon what property to be assessed 

not to be levied but in pursuance of law 

Laws imposing, to state distinctly the object thereof 

Prohibition of incumbrance upon homestead not to extend to case 
of 

No property exempt from sale for 

Taxation 

Property of corporations to be forever subject to 

Powers of, of cities and incorporated villages, to be restricted by 
General Assembly 

Deficiency in school-fund to be supplied by 

to provide school-houses 

Eule of : 

Public property, etc., exempt from 

Exemption of personal property from 

of property employed in banking 

to be only in pursuance of law 

of privileges, pursuits, and occupations 

Teaching, Department of, in State University 

Tenures of lands 

Feudal, prohibited 

Term of Senators 

of Representatives 

of officers of Executive Department 

of Commissioner of Public Works and Internal Improvements 

of Justices of Supreme Court 

of Judges of inferior courts 

of Clerk and Reporter of Supreme Court 

of Justices of the Peace 

of officers chosen at election of March 13th, 1868 

of township and precinct officers 

of Prosecuting Attorneys 

of all officers, to expire January 1, 1873, unless otherwise provided 

for 

Terms of Supreme Court 

of inferior courts 

Test, Religious, prohibited 

Teste of writs and other process 

Testimony — see Evidence. 

Tie, Case of, in elections for Governor and Lieutenant-Governor 

Title of acts of General Assembly 

Laws not to be revised or amended by reference to, only 

Town debts, State not to assume, unless contracted to repel invasion, etc.. . . 

Town officers, Compensation of, in what funds payable 

Town plats recorded, streets in, Vacation and alteration of, to be provided 

for by general laws 

Township governments, General Assembly may provide for 

funds, Benefit of homestead exemption not extended to persons in- 
debted for dues to 



5 


47 


16 


9 


4 


32 


10 


1 


33 


10 


1 


33 


5 


50 


17 


10 


2 


33 


10 


2 


33 


10 


5 


34 


10 


5 


34 


12 


2 


37 


12 


3 


38 


10 




33 


5 


48 


16 


5 


49 


17 


9 


7 


33 


9 


9 


33 


10 


2 


33 


10 


2 


34 


10 


2 


34 


10 


3 


34 


10 


5 


34 


10 


17 


36 


9 


3 


31 


1 


24 


6 


1 


24 


6 


5 


9 


10 


5 


3 


8 


6 


1 


17 


6 


23 


21 


7 


3,16 


23,26 


7 


5,16 


24,26 


7 


18 


26 


7 


20 


27 


15 


3 


42 


15 


5 


42 


15 


6 


42 


15 


18 


45 


7 


3 


23 


7 


14 


26 


1 


21 


5 


7 


6 


24 


6 


4 


18 


5 


22 


12 


5 


23 


12 


10 


16 


36 


15 


9 


43 


5 


40 


15 


5 


28 


13 



12 



clxxiv 



INDEX TO CONSTITUTION OF ARKANSAS. 



Art. 



Sec. 



Page 



Township officers, Term of office of, to expire thirty days after Constitution 
goes into effect 

officers appointed by Governor, Term of office of. 

Townships, Condition of receipt of share of School-Fund by 

Treason a capital offence 

Persons charged with, when not bailable 

against the State, Definition of 

Requisites to conviction of. 

case of, Privilege of Senators and Representatives not to extend 
to 

Execution of sentence, pardon, reprieve, or commutation of sen- 
tence, in cases of. 

Persons convicted of, disfranchised 

Privilege of electors not to extend to cases of 

Treasurer of the State an officer of the Executive Department 

Term of office of 

how chosen 

to reside at seat of government 

to keep at seat of government all public books, etc., pertaining to 
his office 

Returns of election for 

how chosen in case of tie 

Duties of 

Death, disability, etc., of 

Contested elections for, to be determined by Gen. Assembly 

First election for 

Treasury, Disbursements from, to be made only upon appropriation 

Proceeds of lands donated for school purposes to be paid into 

Trial by jury, Right of 

Right of, to extend to all cases at law 

Instructions and charges of the Court, in 

Trial in criminal prosecutions, Division of opinion of jury in 

Second, of accused, where jury divide in opinion 

Trials by the Court, Findings in 

Troops, Quartering of 

Trust Funds not to be applied to payment of public debt 

Benefit of homestead exemption not extended to persons indebted 

for dues to 

Tumult at elections 

u. 

Union, Federal, indissoluble 

Attempt to secede from, may, constitutionally, be repressed by 

armed force of U. S , 

State officers sworn to support and defend 

United States, supreme authority of the 

Resistance to execution of laws of, may, constitutionally, be re- 
pressed by armed force 

Officers — see Officers. 

Constitution and laws of, Voter's oath to support and maintain 

laws of, State officers sworn to support and defend 

Constitution of — see Constitution of U. S. 
Army and Navy of — see Army and Navy 
University, State 

V. 

Vacancies in General Assembly 

in office, General Assembly may declare cases of. 



15 


5 


42 


15 


5 


42 


9 


6 


32 


1 


9 


3 


1 


9 


3 


1 


11 


4 


1 


11 


4 



15 



12 



3,4,5 



10 



6 


9 


19 


8 


3 


29 


8 


6 


30 


6 


1 


17 


6 


1 


17 


6 


1 


17 




18 


20 


6 


18 


20 


6 


19 


20 


6 


19 


21 


6 


21 


21 


6 


22 


21 


6 


19 


21 


Sc 


1 


46 


10 


8 


34 


10 


15 


36 


1 


6,8 


2,3 


1 


6 


2 


7 


11 


25 


1 


9 


3 


1 


9 


3 


7 


11 


25 


1 


16 


5 


10 


14 


36 


13 


3 


38 


1 


19 


5 



1 


1 


2 


15 


17 


45 


1 


1 


2 



31,32 



lRT. 


Sec. 


Page 


5 


34 


13 


6 


22 


21 


15 


2 


41 


6 


11 


19 


7 


16 


26 


Sc 


14 


49 


1 


9 


3 


5 


30 


13 


15 


16 


44 


5 


35 


14 



INDEX TO CONSTITUTION OF ARKANSAS. clxxv 



Vacancies in office, General Assembly may provide manner of filling, where 

no provision is made in the Constitution 

in offices of Secretary of State, Treasurer, Auditor, Attorney Gen- 
eral, or Sup. Pub. Instruction, how filled 

not otherwise provided for, General Assembly may determine mode 

of filling 

Vacancy in office of Governor 

in office of Judge, to be filled by Governor 

in Board of Commissioners of Election how filled 

Vagrancy 

Venue in penal or criminal prosecutions, not to be changed by General As- 
sembly, but to be provided for by general laws 

Vested rights not to be impaired 

Veto 

Villages, streets in, Vacation and alteration of, to be provided for by general 

laws 5 40 15 

incorporated, organization of, General Assembly to provide for, by 

general laws 

chartered, Municipal elections of, for 1868 

Voters— see Elzclors. 
Vote in elections by either House, or in joint convention, to be viva voce. . . . 
on nominations to the Senate to be by yeas and nays, and pub- 
lished 

on final passage of bills and joint resolutions, to be by yeas and 

nays 

on ratification of Constitution, Commissioners to inquire into the 

validity or fairness of 

Voting, Duelling to disqualify from 

Classes disqualified from 

w. 

War, Offences arising in actual service in time of 

Levying, against the State 

Quartering of troops in time of 

civilized, Violators of rules of, disfranchised 

civilized, violators of rules of, Conditions of restoration of franchise 

to 

Warrant for search or seizure 

Way, right of, Appropriation of, to use of corporations 

Widow, Homestead-exemption for benefit of. 

Wife, Separate property of 

Witness against one's self, No person to be compelled to 

Witnesses not to be unreasonably detained 

compulsory process for, Right of accused to 

in cases of treason 

Religious opinion not to disqualify 

Competency of 

Women, Property of 

Worship, public, Peaceable enjoyment of, to be protected 

Houses of, exempt from taxation 

Writing, Liberty of 

Writs of election for vacancies in General Assembly to be provided for by 
law 

of error 

of supersedeas 

of certiorari 



5 


48 


16 


15 


4 


42 


5 


17 


11 


5 


17 


11 


5 


21 


12 


Sc 


8 


48 


1 


22 


6 


8 


3 


28 



1 


9 


3 


1 


11 


4 


1 


16 


5 


8 


3 


28 


8 


3,4 


29 


1 


12 


4 


5 


48 


16 


12 


4,5 


38 


12 


6 


38 


1 


9 


3 


1 


7 


3 


1 


8 


3 


1 


11 


4 


1 


21 


5 


7 


22 


27 


,2 


6 


38 


1 


23 


6 


10 


2 


34 


1 


2 


2 


5 


33 


13 


7 


4 


24 


7 


4 


24 


7 


4 


24 



7 


4 


24 


7 


4 


24 


7 


4 


24 


7 


G 


24 


1 


10 


4 



clxxvi INDEX TO CONSTITUTION OF ARKANSAS. 

Art. Sec, Page 

Writs of habeas corpus 1,7 9, 4 4, 24 

of mandamus 

of quo-warranto 

Other remedial 

Style of 

Wrongs, Right to remedy for 

Y. 

Yeas and nays to be entered on Journal 

to be taken on nominations to Senate 

to be taken on final passage of bills 

to be taken on reconsiderations of bills and joint resolutions, after 

veto 5 35 14 

on question of proposal of amendment to Constitution, to be entered 

on Journal 13 3 39 



5 


16 


11 


5 


17 


11 


5 


21 


12 



THE 



CONSTITUTION 



OF THE 



STATE OF ARKANSAS. 

Framed and Adopted by the Convention which Assembled at Little 
Rock, January 7th, 1868, and Ratified by the Registered 
Electors of the State, at the Election begin- 
ning March 13th, 1868. 

WITH 

MARGINAL NOTES, 
A Full Documentary History of the Constitution, 

And a Copious Index. 

TO WHICH IS PREFIXED 

THE CONSTITUTION OF THE UNITED STATES, 

WITH AN INDEX THERETO. 

By JAMES M. POMEROY, 

OF THE BAR OF PULASKI CO. 



^y gutJumttf. 




LITTLE ROCK. 

1870. 



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